Akram Ali @ Chhutalli vs The State Of Madhya Pradesh
2022 Latest Caselaw 3694 MP

                                                            1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 15th OF MARCH, 2022

                                       MISC. CRIMINAL CASE No. 10766 of 2022

                               Between:-
                               AKRAM ALI @ CHHUTALLI S/O SHRI ASAD ALI ,
                               AGED     ABOUT     32   YEARS, OCCUPATION:
                               LABOURER VILLAGE CHIANPUR POLICE STATION
                               BADI DISTRICT RAISEN (MADHYA PRADESH)

                                                                                           .....PETITIONER
                               (BY SHRI RAJENDRA RAGHUWANSHI, COUNSEL FOR THE
                               APPLICANT)

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION UDAIPURA RAISEN (MADHYA
                               PRADESH)

                                                                                        .....RESPONDENTS
                               (BY SHRI MANU V. JOHN, PANEL LAWYER)

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

This is first bail application filed under Section 439 of the Code of Criminal

Procedure, 1973.

Case Crime No. 284/2021 is registered at Police Station Udaipura, District Raisen for offences punishable under Sections 399, 402 of I.P.C. and 25, 27, 35 of the Arms Act. The applicant is in custody since 25/10/2021.

The allegation on the present applicant is that on 24/10/2021, the Police Station Udaipura had received a information from the informant that five to six persons who may be possessing deadly weapons are preparing a scheme for huge act and they are sitting in a Dhaba on Silwani road close to Lodhipura. The police party surrounded them and found that they are preparing a scheme to loot a petrol pump when they arrested five of the persons and two escaped.

It is submitted by learned counsel for the applicant that the applicant is innocent. The police personnel with a view to forcefully reached their targets of Signature SAN Not Verified registering a criminal case have falsely implicated the present applicant. Digitally signed by VAIBHAV YEOLEKAR Learned counsel for the applicant submits that he has filed similar orders in Date: 2022.03.16 10:41:22 IST

ST No. 96/2021 passed by the Court of Additional Sessions Judge, Bareli, District Raisen whereby applicant was acquitted. Similarly, in case no. 706/2016 passed by the Judicial Magistrate First Class, Bareli, District Raisen in old case crime no. 541/2014 and new criminal case no. 706/2016, the applicant was acquitted vide

judgment dated 15/10/2016. It is further submitted that investigation is complete, chargesheet is filed, no more custodial interrogation is required.

Learned Panel Lawyer in his turn opposes the bail application and submits that a Katta and a cartridge have been seized from the possession of the present applicant.

In view of such facts, without commenting on the merits of the case, this application is allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

T he jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

C.C. as per rules.

(VIVEK AGARWAL) JUDGE vy