HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C.No.45551/2018 Mubarik Khan S/o Sardar Khan vs. State of M.P. Indore, Dated: 19/11/2018 Shri Ashish Gupta, learned counsel for the applicant. Smt. Mamta Shandilya, learned Govt. Advocate for the respondent/State.
Shri Jeevan Singh Gurjar, learned counsel for the complainant. Heard.
This is first application under Section 439 of Cr.P.C for grant of bail in connection with Crime No.312/2018, registered at Police Station-Sonkatch District- Dewas for commission of offence punishable under Sections 307, 147, 148,149, 452 ans 506 of the IPC and 25 of the Arms Act. The applicant is in jail since 7.8.2018.
As per prosecution case, on 25.6.2018, the complainant Bhurelal lodged a complaint alleging that at 12 p.m. when he was at home accused Mehmood came there armed with darata or bukka and co-accused Mubarak, Sadiq, Yunus, Maksood and Shahrukh were armed with lathis. It is also alleged that the present applicant verbally abused the complainant demanding money and when the he refused the same, the present applicant hit him on his head with the bukka. On the basis of the said allegation, FIR was registered and thereafter an investigation was set in motion and the applicant was arrested.
Learned counsel appearing on behalf of the applicant contends that the applicant has falsely been implicated in the matter. The medical report of the complainant states that the brain surface is clear and no evidence of injury is seen and there is no bony injury found in the skull and the injury sustained to the complainant was not dangerous to life. Therefore, prima-facie no offence under Section 307 of the IPC is not made out against the present appellant. He further submits that the other co-accused persons namely; Yunus, Maksood Khan and Mehmood have already been granted bail by this Court in M.Cr.C.No.29736/2018,34683/2018and 38279/2018 respectively. The investigation is over, charge sheet has been filed and conclusion of the trial will take a long time. In these circumstances, on the grounds of parity, he prays for grant of bail.
Per contra, learned Public Prosecutor opposes the application and submits that, no case is made out for enlargement on bail.
On due consideration of the rival contentions in the obtaining facts and circumstances and on the grounds of parity, in the opinion of this Court, without commenting on the merits of the case, the application is allowed. It is directed that applicant shall be released on bail upon his furnishing a 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 Trial Court for his appearance before the Trial Court on the dates given by the concerned Court and also comply with the conditions enumerated under Section 437(3) of the Cr.P.C.
It is further directed that, if the applicant is threatened to the witnesses then the bail granted today shall be liable to be cancelled.
Certified copy as per rules.
(Ms. Vandana Kasrekar) JUDGE oni Digitally signed by Moni Raju DN: c=IN, o=High Court of Madhya Pradesh, Moni Raju ou=Administration, postalCode=452001, st=Madhya Pradesh, 22.214.171.124=6fb601f03d4083a3289219d85392bac3b de1be8a53bd80aeba7af5a5244844c1, cn=Moni Raju Date: 2018.11.19 17:43:03 +05’30’