Islam Khan vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

In the absence of counsel for the parties, the matter is considered on t h e bas is o f t h e case diary and averments mad e b y applicant i n his application.

This is the first application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Islam Khan was arrested on 07/07/2021 in connection with Crime No.139/2021 registered at Police Station Bichhiya, District Rewa for the offence punishable under Sections 399, 402 of the IPC and Sections 25, 27 of the Arms Act.

As per the prosecution case, o n 07/07/2021 o n the information of informant that some miscreants were gathered in the forest of Sagamniha and preparing a plan to commit decoity, Jagdish Singh Thakur, Sub-Inspector Police Station Bichhiya, Distt. Rewa alongwith other members of Police force went to Sagamniha Forest and arrested applicant Islam Khan and co-accused Sagar Verma & Amjad Khan. Co-accused Hanumante @ Noor Aalam and Chatur @ Aadil fled away from the spot taking benefit o f darkness. Police seized one country made pistol & one live cartridge from the possession of co-accused Sagar Verma, one country made pistol, one live cartridge and one spear from the possession of applicant Islam Khan and one country made pistol and one knife from the possession of co-accused Amjad Khan.

Brother-in-law's of applicant submits that the applicant is innocent and has falsely implicated in the case. Police falsely implicated the applicant in the crime. Applicant has been in custody since 07/07/2021 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

In the objection filed by the State along with the case diary, it is mentioned that the applicant was involved in the crime and he has criminal past and other offences are also registered against him. So, he should not be released on bail.

The mere fact that applicant Islam and co-accused Sagar Verma and Amjad Khan were arrested on the spot and some articles and arms were recovered from their possession is not sufficient to prove the charge that they had assembled for making preparation for the commission of dacoity. There is nothing to show that except alleged talking the applicant and other co-accused persons had taken any further step for the purpose of committing dacoity. Even there is no such allegation that the applicant and other co-accused persons have started going for that purpose. So, looking to the facts and circumstances of the case and the fact that the investigation is over, applicant is in custody since 7/7/2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case the application is allowed and the applicant is directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2.The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat or promise t o any person acquainted with the facts o f the case s o a s to dissuade him/her from disclosing such facts t o the Court o r t o the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. as per rules.