Mumtaz Khan vs State Of Madhya Pradesh

Vivek Agarwal, J

This is first bail application filed on behalf of applicant/Mumtaz Khan under Section 439 of CrPC in connection with Crime No.36/2022 under Sections 307, 294, 34 of IPC and section 25/27 of Arms Act registered at police station Digoda, District Tikamgarh (M.P) and applicant is in custody since 26/02/2022.

Learned counsel for the applicant reading FIR it is submitted that the incident took place at the spur of moment. There is no element of common intention or pre-meditation. As per prosecution story when complainant Dharmendra Singh Bundela was accompanying Raju Rawat for his medical examination, then Kannu Thakur, Rajdeep Thakur, Sangam Thakur and Mumtaz Musalman reached place of incident and asked him in abusive language why he was accompanying Raju Rawat, When he asked not to use abusive language, then co-accused Kannu Thakur took out a katta from his pocket and fired gun shots, which had caused pallet marks on his face causing several wounds on his face. Thus, it is evident that overt act is attributable to Kannu Thakur, who is main accused. Applicant is innocent, merely his presence at the place of incident is not sufficient to implicate him. No recovery is to be made from present applicant. Applicant is in custody since 26/02/2022. On aforesaid grounds prayer is made to enlarge applicant on bail.

Learned G.A for the State opposes the prayer made by learned counsel for the applicant.

Taking into consideration submissions of learned counsel for the parties and the fact that overt act is attributable to Kannu Thakur, who is main accused, no recovery is to be made from present applicant and applicant is in custody since 26/02/2022. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Mumtaz Khan be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

In above term, this bail application is disposed of.

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