Bantu @ Shakir Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 4001 MP

             The High Court Of Madhya Pradesh


                         MCRC No. 11499/2022
                         (Bantu @ Shakir Ali Vs STATE OF MP)



Gwalior, Dated : 23-03-2022

      Shri Padam Singh, counsel for the applicant.

      Shri Manish Nayak, Panel Lawyer for the respondent/State.

Shri Atul Gupta, counsel for the complainant.

The applicant has filed this third application u/S.439 Cr.P.C for

grant of bail.

Applicant has been arrested on 01.06.2020 by Police Station

Lateri, Distt. Vidisha (M.P.) in connection with Crime No.79/2020

registered for offence under Sections 294, 342, 450, 302, 147, 148, 149

of IPC and Section 25(1-B) of Arms Act.

It is submitted by learned counsel for the applicant that this is the

third application under Section 439 of Cr.P.C. Earlier he was granted

interim bail for his treatment. During that duration operation was

performed. Right now the applicant is in custody since 01.06.2020. Cross

cases were registered wherein the applicant filed FIR in Crime

No.78/2020. Thereafter, the present FIR has been lodged. It is further

submitted that the applicant had not caused any injury to the deceased

rather, he inflicted injury to the victim of this case. It is further submitted

that the accused persons of cross case have already been granted bail by

this Court. Considering the judgment passed in the case of Fateh Singh

vs. Emperor, reported in AIR 1929 All 320, the applicant is also entitled to get bail. Trial will take its own time. Hence, prayed for grant

of bail to the present applicant.

Learned State counsel as well as counsel for the complainant have

vehemently opposed the application and have submitted that the

applicant is having 23 criminal antecedents and the present applicant is

the main accused who caused injury which resulted into the death of the

deceased. The applicant was the aggressor. As the case is registered

under Sections 294, 342, 450, 302, 147, 148, 149 of IPC and Section

25(1-B) of Arms Act against the present applicant, therefore, prayed to

reject this application filed for grant of bail to the applicant.

Learned counsel for the applicant further submits that out of 23

cases only two cases remained pending and as per Section 54 of

Evidence Act the criminal past is not relevant, therefore, prayed for grant

of bail.

Heard learned counsel for the parties at length and considered the

arguments advanced by them and perused the record available.

Considering the further custody period along with the arguments

advanced by learned counsel for the parties and trial will take its own

time, without commenting upon the merits of the case, the application is

allowed and it is hereby directed that the applicant shall be released on

bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac

only) with one solvent surety in the like amount to the satisfaction of the

Court concerned for his regular appearance before the trial Court

concerned on the dates fixed by it.

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 the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused.

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.

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

(RAJEEV KUMAR SHRIVASTAVA) JUDGE Van VANDANA VERMA 2022.03.24 14:29:53 -07'00'