Imran vs State Of Madhya Pradesh

Vivek Rusia, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime

No.23/2021 registered at Police Station-Depalpur, District-Indore for the offences registered under Sections 452, 294, 427, 436 and 506/34 of the

Indian Penal Code, 1860.

As per prosecution story, the applicant along with co-accused – Sameer entered into the family function of Ishaq and committed

substantial damage to the properties assessed to Rs.13,600/-. The grievance of the applicant is that as they were not invited in the function they

became annoyed and started abusing the family member of Ishaq. The allegation against the present applicant is that he broke the glass of window by

pelting stones.

Learned counsel for the applicant submits that applicant has falsely been implicated in the crime. The applicant is in custody since 25/01/2021 and

there is no progress in the trial and the trial has been held up due to Covid-19 pandemic. Therefore, counsel prayed for grant of bail to the applicant.

Learned Panel Lawyer for the respondent / State opposes the prayer by submitting that Ishaq has suffered loss to the tune of Rs.13,600/- because of

the present applicant and co-accused Sameer.

Keeping in view the totality of the facts and circumstances of the case and with further commenting upon the merits of the case, I deem it proper to

enlarge the applicant on bail. Accordingly, the bail application is allowed subject to condition that applicant shall deposit Rs.10,000/- (Rupees ten

thousand only) before the trial Court and the same shall be released after Subject to aforesaid condition, the applicant is directed to be enlarged on bail

upon his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the

satisfaction of the trial Court for his appearance before the trial Court during the trial with a condition that he shall remain present before the court

concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.          Â

Before releasing the applicant from custody the jail authorities are directed to medically examine the applicant in order to rule out the possibility of

COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.        Â

With the aforesaid, the application stands disposed of.

Certified copy, as per Rules.