Nasir @ Nasso vs The State Of Madhya Pradesh
2022 Latest Caselaw 3597 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-13053-2022 Nasir @ Nasso Vs. State of MP

Gwalior, Dated : 14.03.2022

Shri Prabal Pratap Singh Solanki, Counsel for the applicant.

Shri P.P.S. Vajeeta, Counsel for the State.

Shri Pawan Devnani, Counsel for the complainant.

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 17.02.2022 in connection

with Crime No.30/2022 registered at Police Station Vijaypur Distt.

Sheopur for offence under Sections 323, 394, 147, 324, 326 of IPC

and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, the complainant was going to B.E.O. Office

Vijaypur. As soon as he reached near the shop of Nasso Khan, co-

accused Jafar Khan stopped him and slapped him, as a result, he fell

down from the motorcycle. He was beaten by fists and blows by Jafar

Khan, thereafter, present applicant Nasso also assaulted him by fists

and blows and caught hold of his both hands. It was alleged that

thereafter Jafar Khan snatched 2 tola gold chain from his neck and

ran towards his house. After 10 minutes of the incident, co-accused

Jafar Khan came back along with knife and assaulted on his left

hand, as a result, he sustained injuries on the finger of his left hand,

THE HIGH COURT OF MADHYA PRADESH MCRC-13053-2022 Nasir @ Nasso Vs. State of MP

thereafter, Sageer Khan, Imran Khan, Abid Khan and three unknown

persons assaulted him by lathi. It is submitted that even if the entire

allegations are accepted, then it is clear that the presence of the

applicant in the subsequent incident has not been mentioned. The

only allegation is that he had assaulted the injured by fists and blows

and also caught hold of his hands. The allegation of snatching gold

chain is against Jafar Khan. The allegation of assaulting him by knife

is also against Jafar Khan. The applicant is in jail from 17.02.2022

and the Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State as well as counsel for the complainant.

However, it was fairly conceded by the counsel for the State that the

looted gold chain was not recovered from the applicant.

Considering the facts and circumstances of the case as well as

period of detention, 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

THE HIGH COURT OF MADHYA PRADESH MCRC-13053-2022 Nasir @ Nasso Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2022.03.15 18:46:25 +05'30'