Aslam Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8800 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.59423/2021 Aslam Khan V. State of M.P

Gwalior, Dated:14.12.2021

Shri Surendra Parashar, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.142/2021 registered at Police Station Baghcheeni Distt. Morena

for offence under Section(s) 294, 323, 336, 506, 34 of I.P.C, further

added Section 326 of IPC.

It is submitted by the Counsel for the applicant that according

to prosecution case, the complainant party as well as accused party

were abusing each other and it is alleged that the applicant and

accused persons started pelting stones/bricks, as a result, the

complainant sustained incised wound on the pinna of the ear. It is

submitted that on the report lodged by the applicant Crime No.

139/2021 has been registered for offence under Sections 147, 148,

149, 294, 336, 308 and 323 and the injured Taufeeq has sustained

gun shot on the toe of his left leg which was fired by Salman Khan.

The applicant has no criminal history. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution witnesses.

THE HIGH COURT OF MADHYA PRADESH MCRC.59423/2021 Aslam Khan V. State of M.P

Per contra, the application is vehemently opposed by the

Counsel for the State. By referring to the MLC of injured Azad

Khan, it is submitted that he has suffered incised wound measuring 3

and 1/ 2 x 1/ 2 Cms on right upper side of the ear.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed subject to condition that if the applicant appears before the

Investigating Officer (Arresting Officer) on or before 21.12. 2021, he

shall be released on bail on his furnishing a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac) with one surety in the like

amount to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicant shall make himself available for interrogation by

the Investigating Officer as and when required. He shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

of Cr. P. C.

It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

21.12. 2021, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

THE HIGH COURT OF MADHYA PRADESH MCRC.59423/2021 Aslam Khan V. State of M.P

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.12.14 16:48:17 +05'30'