High CourtsSingle Bench(2021) 08 MP CK 0008

Mohammad Ali vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 4 August 2021

HON’BLE JUDGES
Vivek Rusia, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.38814 Of 2021

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Judgment

19 paragraphs · 337 words

Vivek Rusia, J

This is first bail application filed by the applicant under Section 439 of the Cr.P.C.,1973 for grant of temporary bail in connection with Crime

No.460/2021 registered at Police Station-Tejaji Nagar District-Indore for commission of the offence under Sections 399 of the Indian Penal Code and

Sections 25 and 27 of the Arms Act.

Case diary is not available.

Today the matter is listed on mention memo because the marriage of the applicant is scheduled on 05.08.2021 i.e. tomorrow. Original copy of the

marriage card has been filed and there is an affidavit in support of the bail application.

The factum of the marriage is also mentioned in the impugned order but the trial Court has rejected the bail application.

As per prosecution case, this present applicant along with four other persons found near the Skylite hotel while planning to loot the manager of the said

hotel. There is a recovery of arms from him.

Although learned counsel for the applicant submits that he has been falsely implicated in this case. He was called in the police station in order to fill

the dossier form but he has been made accused in this case. So far the other cases are concerned he has been acquitted.

Shri Sanjay Kumar Karanjawala, learned panel lawyer for the respondent/State opposes the bail application and submits that entire prosecution story is

mentioned in the impugned order.

Keeping the aforesaid facts and circumstances of the case, without commenting on the merit of the case, the application is temporarily allowed. He is

directed to be released temporary bail up to 08.11.2021 and he will surrender on 08.11.2021 on his furnishing personal bond in the sum of Rs.40,000/-

(Forty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his surrender before the trial Court on 08.11.2021. The

applicant shall also appear before the trial Court during the bail period and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Certified copy as per rules.