Haseen Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 15983 MP

                                 1
IN    THE       HIGH        COURT OF MADHYA                     PRADESH
                             AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 2 nd OF DECEMBER, 2022
        MISCELLANOUS CRIMINAL CASE No. 54294 of 2022

BETWEEN:-
HASEEN KHAN S/O HANEEF KHAN, AGED             29 YEARS,
VILLAGE BHONRASA TEHSIL KURWAI                DISTRICT
VIDISHA (MADHYA PRADESH)

                                                              .....APPLICANT
(BY SHRI J.K. MISHRA- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION KURWAI  DISTRICT VIDISHA (MADHYA
PRADESH)

                                                            .....RESPONDENT
(SHRI C.P. SINGH-PANEL LAWYER FOR THE STATE )

      This application coming on for hearing this day, the court passed the
following:
                                  ORDER

Case diary is available.

This second application under Section 439 of C.r.P.C. has been filed for grant of bail. First bail application was dismissed by order dated 06.04.2022 passed in MCRC No.16915/2022.

The applicant has been arrested on 07.12.2021 in connection with Crime No. 494/2021 registered at Police Station Kurwai, District Vidisha for offence under Sections 326, 294, 323, 324, 498-A, 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and other co-accused persons burnt the injured

by pouring kerosene oil. Thereafter she was not taken to the hospital and she was got treated in the house itself. After the relatives of the injured came to her matrimonial house, she was shifted to the hospital and her dying declaration was recorded. It is submitted that the incident allegedly took place about 2 months prior and 15 days prior to the date of lodging of FIR. The FIR was lodged on 06.12.2021, therefore, according to the prosecution itself, the incident took place about somewhere in the later part of the month of September, 2021 or in the earlier part of the month of October,2021.

So far as the allegations that she was not taken to the hospital and local treatment was given to her is concerned, it is submitted that when the injured

was taken to the hospital, no MLC was done because no injury was found except burn surface which clearly shows that the local treatment was given to the injured and her injuries were properly treated. Thus, it is clear that after the incident, the injured was got treated by applicant and her in laws. The applicant is in jail from 07.12.2021 i.e. approximately one year. The trial is likely to take sufficiently long time and the extent injuries was found to be 10 per cent.

Per contra, the application is vehemently opposed by the counsel for the State. However, after getting instructions from the prosecution, it is fairly conceded that no MLC was done and only burn surfaces were found on the body of the injured.

Considering the facts and circumstances of the case as well as period of detention, without commenting on the merits of the case, 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) JUDGE Avi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.12.03 12:20:21 +05'30'