High CourtsSingle Bench(2023) 06 MP CK 0008

Azharuddin vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 June 2023

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 23567 Of 2023

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Judgment

9 paragraphs · 241 words

Vijay Kumar Shukla, J

1.

This is the first application filed by the applicant under section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.34/2023 dated (not mentioned) registered at Police Station - Baghana, District Neemuch (M.P.) for the offence under Sections 457 and 380 of I.P.C.

2.

The complaint was lodged against the unknown persons alleging that from his go-down, four sacks of posta grains were stolen.

3.

Counsel for the applicant submits that the applicant is in jail since 19.04.2023. The Investigation has been completed. Chart-sheet has been filed. There is no seizure from the present applicant.

4.

The applicant has been denied bail mainly on the ground that there are two other criminal cases registered against the present applicant, one is under Section 49 of the Excise Act and the other is under Section 323, 294 and 506/34 of I.P.C.

5.

After hearing counsel for the parties and taking into consideration that there is no seizure from the present applicant. Investigation has been completed and charge-sheet has been filed, the application is allowed.

6.

It is directed that Applicant- Azharuddin shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Court below.

7.

The applicant shall mark his presence before the concerned Police Station on 15th of every month during trial.

Certified copy as per rules.