Uvesh Ansari vs The State Of Madhya Pradesh
2021 Latest Caselaw 8788 MP

                                      1

        HIGH COURT OF MADHYA PRADESH : JABALPUR
                          MCrC No.60178/2021
                (Uvesh Ansari vs State of Madhya Pradesh)
Jabalpur, dated : 14.12.2021.
        Shri Vibhay Solanki, counsel for the petitioner.
        Shri Dharmesh Chaturvedi, Panel Lawyer for the State.
                                   ORDER

Crime No. Under Section Police Station Arrest Date 616/2021 323, 324, 326, 506 Seoni (Kotwali) 16.09.2021 IPC

As declared by the petitioner, this is the second bail application under Section 439 of Cr.P.C. First application MCrC No.51377/2021 has been dismissed as withdrawn vide order dated 23.11.2021.

2. This time the petitioner has come with a case that in earlier case bearing Crime No.87/2016, he has been acquitted by the Juvenile Justice Board, Seoni vide Judgment dated 27.01.2020 passed in Criminal Case No.36/2016. Record of the second case registered against him bearing Crime No.84/2016 is not available but order of CJM, Seoni dated 08.02.2016 passed in respect of Crime No.87/2016 shows that the petitioner was Juvenile or child under conflict in the year 2016, therefore, there is no possibility of his conviction or awarding jail sentence in that case also. Otherwise also, that case has been registered only for a petty scuffle and threatening registered under Section 323, 506, 294 IPC.

3. On Merits it is submitted that complainant-Anuj Nayak alongwith 02 associates surrounded the petitioner and snatched his mobile alleging that he had viral a photo of his brother Priyanshu Thakur on Instagram. They said that they will return his mobile after deleting the photo of brother of complainant-Anuj but did not return the same.

When the petitioner asked for his mobile, they have falsely implicated him in this case. It is submitted that if someone inflict knife, it is not possible to cause injury on knee. It is improbable for a person to beat and cause injury to three persons. No other criminal case as stated above have been registered against him since last 5 years. In this case also a dispute arose on a petty issue of asking his mobile snatched by the complainant and his associates.

4. It is also submitted that he is permanent resident of District Seoni. There is no likelihood of their absconding or tempering with the prosecution evidence. He is in custody since 16.09.2021. Trial is likely to take time. He is ready to furnish adequate surety and to abide by all the terms and conditions as may be imposed by this Court. On these grounds, prayer is made to enlarge the petitioner on bail.

5. Objection of the State is that the petitioner is involved in criminal activities since his childhood. He has committed incident of threatening, thrashing and beating to other members of the society. In this case, grievous injury has been caused by knife on the knee of the complainant-Anuj. When his associate Sahil Thakur intervened, the petitioner inflicted knife on him also and he also sustained a simple injury on his right thumb and index finger. Knife has been seized from the possession of the petitioner. The petitioner had threatened the complainant for life. Repetition of similar type of crime shows the temperament of the petitioner. There are all possibilities, if he is granted bail, he may commit more such incidents and may create danger to the society, therefore he be not granted bail.

6. On due consideration of the nature of accusation, gravity of the injury, the circumstances under which the incident had taken place, the acquittal of the petitioner in earlier criminal cases and also other facts and circumstances of the case, I deem it appropriate to release the

petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

7. It is directed that the petitioner- Uvesh Ansari be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(VIRENDER SINGH) JUDGE

anand Digitally signed by ANAND KRISHNA SEN Date: 2021.12.15 18:01:10 +05'30'