Rijwan @ Rijju vs State Of Madhya Pradesh

This is second bail application under Section 439 of Cr.P.C. in connection with Crime No.338/2019 registered at Police Station - Kotwali, Shajapur under Sections 147, 148, 188, 335, 353 of IPC and Section 4 of Damage of Public Property Act, 1984.

First application was dismissed by this Court vide order dated 02/12/2019 passed in MCRC No.49881/19 in the backdrop of 10 criminal cases bearing Crime No.807/08, 810/08, 263/11, 881/11, 899/12, 308/16, 309/16, 334/19, 335/19 & 336/19.

This time the petitioner has come with the record of all these criminal cases. As per document submitted by the petitioner, he is acquitted in Crime No.807/08, 263/11, 881/11 & 899/12. Record of Crime No.810/08 is not available. Crime No.308/16, 309/16 are pending trial and he is not an accused in Crime No.334/19, 335/19 and 336/19.

In the present case, allegation against the petitioner is that he was member of unlawful assembly, who caused a commotion during rally of nalsahab, some religious leader (dharmguru). The rally converted into a communal clash. The allegation is that the petitioner and his companions pelted stones, damaged the public property, torched two motorcycles. Damage was estimated about Rs.1 lac.He is in jail since 06/11/2019.

In the incident, the police has registered total 5 cases out of which the petitioner is not an accused in 4 cases.

On perusal of the case diary and keeping in view the nature and gravity of the incident and other facts and circumstances of the case, the bail application is allowed subject to following stringent conditions:-

i) It is directed that the petitioner Rijwan @ Rijju S/o Riyaj Mohammad be released from custody on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court.

ii) He shall deposit Rs.20,000/- before the trial Court. Disposal of the amount so deposited shall be subject to the order of the Court. However, the Trial Court is directed to fix deposit the amount deposited by the petitioner with any Natuionalized Bank for the period which can fetch maximum interest with further auto renew option, if available or it be further renewed as and when required.

iii) The petitioner shall co-operate in the trial and shall attend the trial Court during the trial;

iv) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing such facts of the Court;

v) The petitioner shall not commit any offence or involve in any criminal activities;

vi) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.

vii) He shall mark his presence at Police Station - Kotwali, District-Shajapur in the first week of every calendar month.