AI Structured Summary
Not yet generated for this judgment
Judgment
Anjuli Palo, J
This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail. The applicant is apprehending his arrest in
connection with Crime No.113/2019 registered at Police Station-Jahangirabad, District- Bhopal for the offence punishable under Sections 307, 147,
148, 149 and 120-B of the Indian Penal Code.
As per prosecution case, on 09.02.2019 in the afternoon, some dispute arose regarding contract of fish of Kaliyasaut Dam between the parties and
one Mohammad Sageer who is leader of opposition of Municipal Corporation, Bhopal was assaulted. The applicant who is a news reporter in Bhopal
Metro Channel had called the complainant for interview. The complainant along with his niece reached Lilley Talkies in the evening for that purpose.
At that juncture, co-accused Jugnu and Akbar armed with sword, baseball bat, etc. came to there and assaulted the complainant. The complainant
received grievous injuries and hospitalised to various places and availed treatment. Involvement of the applicant is based on criminal conspiracy thus
offence under Section 120-B of the IPC has been registered against him along with other offences.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the matter. There is absolutely no material on record
to implicate the applicant in the conspiracy. He was merely covering the news of the incident that had taken place in the earlier part of the day. There
is no evidence to show that the applicant abated or aided the co-accused persons to commit offence. In view of the aforesaid, prayer is made to
enlarge the applicant on anticipatory bail.
Learned Panel Lawyer for the State has strongly opposed the prayer for anticipatory bail. It is submitted that in the year 2011 a case under Section
420 of the IPC was also registered against the applicant.
Considering the overall facts and circumstances of the case and looking to the nature of offence and role attributed to the applicant, without
commenting on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant Mohammad Shahnawaz Khan shall
be enlarged on bail on his furnishing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the
satisfaction of the arresting officer for his appearance before him during the course of investigation or before the trial Court, during trial, as the case
may be. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.
Accordingly, the M.Cr.C. is allowed and disposed of.