Jakir Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7071 MP

                                  1
          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                             BEFORE
          HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 10th OF MAY, 2022

     MISCELLANEOUS CRIMINAL CASE No. 23308 of 2022

        Between:-
        JAKIR KHAN S/O SHRI JAHUR KHAN, AGED
        ABOUT 55 YEARS, OCCUPATION: SERVICE,
        R/O WARD NO. 14, KHACHA MOHALLA,
        ISAGARH,    DISTRICT    ASHOKNAGAR
        (MADHYA PRADESH)

                                                         .....APPLICANT
        (BY SHRI R.K.SHARMA SENIOR ADVOCATE WITH SHRI V.K.
        AGRAWAL - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH
        THROUGH POLICE STATION VIJAYPUR,
        DISTRICT SHEOPUR (MADHYA PRADESH)

                                                      .....RESPONDENT
        (BY SMT. ANJALI GYANANI - ADVOCATE )

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

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.30/2022 registered at Police Station Vijaypur, District Sheopur for offence under Sections 323, 394, 324, 326 and 147 of IPC and Section 11/13 of the MPDVPK Act.

It is submitted by the Counsel for the applicant that according to the prosecution case, the complainant was going to the BEO Office, Vijaypur. As soon as he reached in front of the shop of Nasso Khan, the co- accused came there and slapped him as a result, he fell down from his motorcycle. He was beaten by fists and blows by Jafar Khan. Nasso @ Nasir Khan also came there and assaulted him by fists and blows. They caught hold of his both hands and a two tola gold chain was also snatched by co-accused Jafar Khan and thereafter, he ran towards his house. It is alleged that about 10 minutes, thereafter, Jafar Khan came back alongwith one knife and assaulted on his right hand, as a result he sustained injuries on fingers of his right hand as well as also sustained abrasion on his left

elbow. It is alleged that thereafter, Sageer Khan, Imran Khan and Abid Khan and three unknown persons came there alongwith Lathis and all of them assaulted by him Lathis as a result, he sustained injuries on various parts of his body. Arvind who had come to intervene, was also beaten.

It is submitted by the counsel for the applicant that the applicant is not named in the FIR. Only three injuries were found on the body of complainant Ramniwas Gaur i.e. one incised wound over right little finger, swelling in ring middle finger of right hand and swelling with mild abrasion on left elbow. He had also complained of severe chest pain. In the x-ray report fracture of lower part of middle flex of little finger of right hand was found. The another injured Arvind had complained of pain with swelling over right hand near wrist area and no bony injury was found. It is submitted that although, the applicant has been implicated on the basis of

confessional statement made by co-accused Iqbal Ahemad but he will co- operate with the Investigating Officer and would appear before him as and when directed for the purposes of holding of TIP. It is further submitted that the applicant shall never raise any objection to the effect that after his release on anticipatory bail, he was seen by the complainant. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that the case diary does not contain the criminal history of the applicant.

Considering the submissions as well as concessional statement regarding identification made by the counsel for the applicant as well as his undertaking, coupled with the fact that this Court is of the considered opinion that the applicant can be granted anticipatory bail and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 17/05/2022 he shall be released on bail on his 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 Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 17/05/2022 then this

order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.10 13:39:23 -07'00'