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Madhya Pradesh High Court
Aijaz Khan vs The State Of Madhya Pradesh on 22 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:70472
1 MCRC-58239-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 22nd OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 58239 of 2025
AIJAZ KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Satyam Agrawal - Advocate for the applicant.
Ms. Ranjana Agnihotri - Dy. GA for the respondent/State.
ORDER
This is the first bail application under Section 483 of the BNSS, 2023
on behalf of applicant- Aijaz Khan S/o Shahzad Khan who has been
prosecuted by Police Station Kotwali, District Sehore (MP) in connection
with Crime No.376/2024 registered under Section 399, 402 of IPC and 25,
27 of the Arms Act. The applicant is in custody since 03.12.2025.
The prosecution case in brief is that upon some information, Sub
Inspector of Police Station Kotwali, District Sehore along with police party
went to a building which was under construction and they saw five persons
sitting inside the building and talking and planning about commission of
dacoity at Nayra Petrol Pump in the night at 2:00 Hrs. The police party tried
to caught them however, four accused persons were caught at the spot and
the present applicant was able to run away. After investigation chare sheet
was filed. Charge sheet was filed against the present applicant under Section
NEUTRAL CITATION NO. 2025:MPHC-JBP:70472
2 MCRC-58239-2025
299 of Cr.P.C. declaring him absconder. After trial other accused persons
have been acquitted by judgment dated 05.02.2025 passed in ST
No.150/2024. Thereafter, the present applicant surrendered before the court
and since then he is in custody.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case only because of his past
criminal antecedents. He has not committed any offence as alleged. He
further submits that other accused persons have already been acquitted by
the competent court. He further submits that the applicant was not aware of
regarding the registration of the case against him. When he came to know he
applied for grant of anticipatory bail however, the court granted him liberty
to surrender before the trial court. He himself voluntarily surrender before
the trial court and moved an application for grant of bail which has been
dismissed. He submits that considering the facts and circumstances of the
case, the present applicant be enlarged on bail.
Learned Dy. Government Advocate appearing on behalf of the
respondent/State opposes the bail application on the ground that applicant
was absconding since 27.05.2024 and sufficient evidence is available against
the present applicant in the charge sheet. She prays for dismissal of the
application.
Considering the fact that accused persons have already been acquitted
and nothing has been seized from the possession of the present applicant, the
investigation is over, chargesheet has already been filed, without
commenting on the merits of the case, I deem it proper to enlarge the
NEUTRAL CITATION NO. 2025:MPHC-JBP:70472
3 MCRC-58239-2025
present applicant on bail.
Accordingly, the application is allowed. The applicant is directed to be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one surety in the like amount to the
satisfaction of the trial court for his regular appearance before the trial Court
during trial with a condition that he shall remain present before the
concerned court on all the dates fixed by it during trial.
It is directed that the applicant shall abide by the conditions as
enumerated under Section 480(3) of the BNSS.
In case, applicant is involved in similar type of offence in future, the
prosecution will be at liberty to move an application for cancellation of bail.
A copy of this order be forwarded to the Trial Court.
(VINAY SARAF)
V. JUDGE
Akm
