MO. Danish Khan vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.134/2023 registered at Police Station Satanwada, District Shivpuri (M.P.) for the offence punishable under Sections 399, 400, 402 of the I.P.C., Section 25/27, 25(2) of the Arms Act, 1959 and Sections 11, 13 of the MPDVPK Act.

As per prosecution story, the allegation against present applicant-accused is that he along with co-accused persons were making plan for committing dacoity.

Learned counsel for the applicant argued that the applicant is innocent a n d h a s been falsely implicated. The entire prosecution story is highly suspicious. The recovery has already been made; therefore, no further custodial interrogation is required. Learned counsel for the applicant has invited attention of this Court that co-accused persons Amit Kumar Jatav and Janmohammad @ Rahul have already been granted the benefit of bail vide order dated 13.10.2023 passed in M.Cr.C. No.46239/2023 and vide order dated 20.10.2023 passed in M.Cr.C. No.47468/2023; therefore, he seeks parity. He is in custody since 28.09.2023. The applicant is permanent resident of District Hapud U.P) and there is no possibility of his absconding or tempering with prosecution case.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

In view of above, this Court sees no reason to take a different view than the one taken in co-accused Amit Kumar Jatav and Janmohammad @ Rahul, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

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 investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 ) The applicant shall mark his presence before the SHO of the concerning police station in the first week of every month till investigation is pending.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.