High CourtsSingle Bench

Sohil Khan vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 4 March 2021 · Citation: (2021) 03 MP CK 0027

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 336, 506 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed
CASE NUMBER
Miscellaneous Petition No. 10908 Of 2021
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Judgment

30 paragraphs · 537 words

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 31/12/2020 in connection with Crime No.475/2020 registered at Police Station Kotwali, District Datia (M.P.) for

offence under Sections 336, 294, 506, 34 of the IPC and Section 25/27 of the Arms Act.

It is submitted by learned counsel for the applicant- Sohil Khan that the applicant has been falsely implicated. He has not committed any offence. He

is in jail since last more than two months. It is further submitted that as the investigation is complete and charge-sheet has been filed, therefore, there

is no need of custodial interrogation of the applicant. Trial will take its own time. Applicant is ready to abide by any condition which may be imposed

by this Court.

Learned counsel for the State opposed the prayer and submitted that the case is registered under Sections 336, 294, 506, 34 of the IPC and Section

25/27 of the Arms Act and five criminal antecedents against the present applicant wherein some of the cases are similar in nature. The applicant

appears to be habitual offender. Hence, prayed to reject the bail application of the applicant.

Heard learned counsel for the rival parties through video conferencing and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, the application is allowed and it is hereby directed

that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the

like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

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 them;

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 them 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 of which he is accused;

5.

The applicant will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

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

7 . The applicant will inform the SHO of concerned police station about their residential address in the said area and it would be the duty of the State

Counsel to send E-copy of this order to SHO of concerned police station for information.

8.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every week till conclusion of the trial.

The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every

quarter of a year

Application stands allowed and disposed of.

Certified copy as per rules.