Hasib Khan @Chotu vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is the 1st bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 08.11.2021 in connection with Crime No.522/2021 registered at Police Station City Kotwali, District Chhindwara (MP) for the offences punishable under Sections 307 and 120-B of the IPC and Sections 25 and 27 of the Arms Act.

As per the prosecution case, it is alleged against the applicant that he along with accused persons fired a shot upon the complainant but it did not hit it.

Learned counsel for the applicant submits that the applicant is an innocent person. He has been falsely implicated in this case. Challan has been filed. No opinion has been given by the concerned doctor relating to fatal injury caused to the victim. The applicant is in custody since 8.11.2021. Trial is still pending. The applicant has no criminal antecedent. There is no likelihood of applicant absconding or tampering with the evidence. Applicant's further custody is not warranted. Hence, he be enlarged on bail.

Learned P.L. opposed the application and prayed for rejection of the same.

Looking to the facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Sectio 437 of Cr.P.C.

I t is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic before releasing the applicant from the jail.

Certified copy/e-copy-as per rules.