Irfan Khan vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard. Perused the case diary.

This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.599/2023, registered at Police Station Bhanwarkua, District Indore (MP) for commission of offence punishable under Sections 327, 294 and 506 of IPC.

The allegation against the applicant is that he demanded Rs.1000/- for consuming liquor. On denying he used abused and filthy words and also inflicted with knife to the complainant.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the alleged offence. The injury caused by him is simple in nature. He did not extort the complainant in any manner and the allegation levelled against the applicant is only to enhance the charges under Section 327 of IPC. The applicant is in custody since 3.6.2022. It is further submitted that investigation has been completed and charge sheet has been filed. Conclusion of trial will take considerable time. With the aforesaid, it is prayed that application for grant of bail be allowed and applicant be released on bail.

Learned Govt. Advocate for respondent / State has opposed the prayer for grant of bail and prays for its rejection.

I have heard the learned counsel for the parties and perused the case diary.

On due consideration of the facts and circumstances of the case, so also looking to the fact that applicant did not cause any grievous injury to the complainant, charge sheet has been filed, applicant is no more required for interrogation and the offence is triable by JMFC, without expressing any opinion on merits of the case, the application filed on behalf of the applicant for grant of bail is allowed and it is directed that upon applicant's furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the court concerned, till completion of trial. Applicant shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case ofbail jump, it shall become ineffective.

Certified copy as per rules.