Sabir Khan vs State Of Madhya Pradesh And Others

Akhil Kumar Srivastava, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.

The applicant is in custody since 11.11.2020 in connection with Crime No.510/2020 registered at Police Station Seonimalwa, District Hoshangabad

(M.P.) for the offences punishable under Sections 363, 366-A, 376(2)(n), 120-B of IPC & 5(I), 6, 16, 17 of POCSO Act.

Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated. The applicant is under custody since

11.11.2020. Charge-sheet has been filed and the trial will take time to conclude. It is submitted that co-accused person Mishwa Sekh @ Mishwah,

under similar circumstances, has been granted bail by this Court in M.Cr.C.No.48455/2020 on 22.12.2020. The applicant is permanent resident of the

District and there is no likelihood of absconding or tampering with the prosecution evidence by the applicant. On these grounds, prayer is made to

enlarge the applicant on regular bail.

Learned counsel for the State has opposed the bail application and prayed for it's rejection.

Heard learned counsel for both the parties and perused the entire material available in the PDF File. From a perusal of the records, it is seen that

applicant's house was used for commission of crime, no rape has been committed by the present applicant and under similar circumstances one

Mishwa has also been enlarged on bail.

Keeping in view the entire facts and circumstances of the case, this Court is of the view that the applicant may be enlarged on bail, hence, without

Date: 2020.12.24 15:48:26 IST commenting on the merits of the matter, the application is allowed. The applicant - Sabir Khan, is directed to be

released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the

satisfaction of the concerned 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.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020

and ensure, that the Applicant is examined by the jail doctor before his release. If applicant shows symptoms of COVID 19, the doctor shall forthwith

direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the

opinion that the Applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

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

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

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about their address and residence in case the applicant moves out from his permanent address for any point of

time; and

The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for

cancellation of bail granted today.

Certified Copy on payment of usual charges.