Zayad Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 9074 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.61222/2021 (ZAYAD KHAN VS. STATE OF M.P.)

Gwalior, Dated : 21/12/2021

Shri B.P.S.Tomar, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 09/11/2021 in connection

with Crime No.503/2021 registered at Police Station Porsa, District

Morena for offence under Sections 354, 456, 323, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the prosecutrix woke up at 2:30 in the night

and came out of her house in order to answer the call of nature and it

is alleged that at that time, the applicant alongwith the co-accused

came to the house of the prosecutrix through the roof of the house

and threw her on ground as well as also tried to torn her cloths and

outraged her modesty. It is submitted that the allegations are false.

Even otherwise, there is nothing on record to suggest that the

applicant was aware of the fact that the prosecutrix would come out

of her house at 2:30 in the Morning. The applicant is in jail for the

last more than one and half months. The Trial is likely to take

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

tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.61222/2021 (ZAYAD KHAN VS. STATE OF M.P.)

Per contra, the application is vehemently opposed by the

counsel for the State. However, he fairly conceded that the applicant

has no criminal history.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on 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 Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

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

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge



         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.12.21
         17:46:32 -08'00'