Vahid Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2454 MP

                              01                  MCRC-26878/2021

             HIGH COURT OF MADHYA PRADESH

                          MCRC-26878/2021

                    (Vahid Khan vs. State of M.P. )

Gwalior, Dated: 16.06.2021
Heard through Video Conferencing
      Shri Atul Gupta, learned counsel for the applicant.

      Shri Anil      Shukla, learned Public      Prosecutor   for   the

respondent/State.

I.A. No.16145/2021,an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

The applicant has filed this first bail application u/S.438 of

Cr.P.C for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.78/2020 registered at Police Station Latery, District Vidisha (M.P.)

in relation to the offence punishable under Sections 302, 307, 294,

188, 326, 147, 148 and 149 of IPC and section 25, 25(1-b)(b) of the

Arms Act.

It is submitted by learned counsel for the applicant that the

applicant is aged around 83 years. The aforesaid fact has been

verified by the Police. The Aadhar card and report of Panchayat both

are supporting the aforesaid fact. It is further submitted that cross

case was also registered on the complaint of the present applicant

wherein Nephew of the applicant died in the same incident. It is

further submitted that in the light of judgment passed in Anil Ari Vs. 02 MCRC-26878/2021

State of West Bengal reported in [(2009) 3 SCC (Cri) 1377 ] and

Sushila Aggarwal and others Vs. State (NCT of Delhi) and others

reported in [(2020) 5 SCC page 1], the applicant is entitled to get the

benefit of anticipatory bail considering the age of the applicant. It is

also submitted that the applicant is suffering from age problems and

cannot perform his routine work without help of others, hence prayed

for grant of anticipatory bail.

Learned counsel for the State vehemently opposed the

submissions and has submitted that the case is registered under

sections 302, 307, 294, 188, 326, 147, 148 and 149 of IPC and section

25, 25(1-b)(b) of the Arms Act.

Heard learned counsel for the parties at length through Video

Conferencing and considered the arguments advanced by them and

perused the case diary.

Considering the age of the applicant, i.e. 83 years, without

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

hereby directed that in the event of arrest, the applicant shall be

released on anticipatory bail on his furnishing a personal bond of

Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety

in the like amount to the satisfaction of the Arresting

Officer/Investigating Officer.

This order will remain operative subject to compliance of the

following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of 03 MCRC-26878/2021

the bond executed by him;

2. The applicant shall make himself available for interrogation by

a police officer as and when required.

3. He shall further abide by the other conditions enumerated in

sub-Section (2) of Section 438 of Cr.P.C.

4. The applicant will not indulge himself in extending

inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade him from disclosing such facts to the

Court or to the Police Officer, as the case may be;

5. The applicant shall not commit an offence similar to the

offence of which he is accused;

6. The applicant will not seek unnecessary adjournments during

the trial; and

7. The applicant will not leave India without previous permission

of trial Court/ Investigating Officer, as the case may be.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge vv

SMT VALSALA VASUDEVAN 2021.06.17 11:19:11 +05'30'