Afsar vs State Of M.P.
2021 Latest Caselaw 3949 MP

                                                                              1                            MCRC-27810-2021
                                                    The High Court Of Madhya Pradesh
                                                              MCRC-27810-2021
                                                                         (AFSAR Vs STATE OF M.P.)


                                            Indore, Dated : 04-08-2021
                                                  Heard through Video Conferencing.

                                                  Shri S.K. Meena, learned counsel for the applicant.
                                                  Ms.    Chitralekha   Hardia,    learned     Public   Prosecutor   for   the
                                            respondent/State.

This is second repeat bail application filed under section 439 Cr.P.C

seeking bail in connection with Crime No.414/2020 registered at Police Station Sitamau, District- Mandsaur for the offence punishable under section 25, 25 (5), 27 of Arms Act. The applicant is in custody since 05.01.2021.

His first application was dismissed as withdrawn vide order dated 23.03.2021 passed in M.Cr.C. No.9621/2021.

A s per prosecution story, one “Bharmar Banduk†has been recovered from the possession of the present applicant.

Learned counsel for the applicant submits that the present applicant has been implicated on the basis on 27 memo of co-accused Aslam, who has

already been granted bail vide order dated 30.09.2020 passed in M.Cr.C. No.33690/2020. So far as the past criminal cases are concerned, he has been acquitted in five cases and the copies of the judgments have been filed along with this bail application and in each and every cases he has been implicated on the basis of 27 memo. Applicant is in jail since 05.01.2021. Investigation is complete, challan has been filed. Hence learned counsel prays for grant of bail to the applicant on the ground of parity with co-accused Aslam.

Learned Public Prosecutor opposes the bail application and prays for dismissal of the same.

Considering the above facts and circumstances of the case, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a Signature Not VerifiedDigitally signed by SAN JYOTI CHOURASIA Date: 2021.08.04 16:13:29 IST personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with 2 MCRC-27810-2021 one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicant from the custody, the jail authorities are

directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

C.C. as per rules.

(VIVEK RUSIA) JUDGE

jyoti

Signature Not Verified VerifiedDigitally Digitally signed by SAN JYOTI CHOURASIA Date: 2021.08.04 16:13:29 IST