Anwar Khan vs State of M.P.

Sheel Nagu, J.—Heard on the bail application.

This is 2nd bail application u/s 439 of Cr.P.C. The first was dismissed as withdrawn in shape of M.Cr.C. No. 2624/2014. The applicant has been arrested in Crime No. 19/2014 registered at Police Station, Kurwai, District Vidisha, under Sections 364A, 307, 323, 147, 148, 149 of IPC and under Sections 25, 27 of Arms Act.

As per the prosecution case, the complainant Hemant alongwith Devendra was going to see the work on site on vehicle No. MP-40-CA-2299. As soon as they reached on the bridge of Ketwan river they saw two vehicles Xylo and Scorpio were parked on the bridge. Some persons were sitting in the vehicles. They came out from the vehicle and pointed gun and gave beating to the complainant. In the meantime the associate of the complainant came, then the persons sitting in the vehicle started firing on them. The driver of the complainant ran away. Thereafter, they thrown the complainant and Devendra in their vehicle and took the complainant and Devendra up to Bangla Chouraha, where, their mobiles were snatched and thrown. The assailants were discussing that they have to collect Rs. One crore. In the meantime assailants received the telephone that Police has caught them, then they started fleeing away. The Police has chased them and caught hold five persons and thereafter, took them alongwith the complainant and Devendra to Police Station.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He has not committed any offence. The applicant is the driver of the vehicle. No offence is made out against the applicant. The applicant has gone go Kurwai, where accused persons have fired and got registered a false case. The applicant is in custody since 26.1.2014. Trial will take some time. There is no likelihood of his absconsion, therefore, the applicant be released on bail.

The application is opposed by learned Public Prosecutor.

Case diary perused. Co-accused Sudhir Kumar has since been enlarged on bail by order dated 13.5.14 passed in M.Cr.C. No. 2451/14. Considering that the applicant is not named in the FIR and the test identification parade has been held after one month and ten days, the applicant is under custody since 26.1.2014, and there is no criminal antecedent as per the case diary, but without commenting on the merit of the case, the application is allowed, but with certain stringent conditions in view of nature of the offence. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 100,000/- (Rupees One Lac Only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

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

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his attendance before the concerned trial court once every fortnight.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.