High CourtsSingle Bench(2020) 12 MP CK 0126

Waseem @ Luli Khan vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 15 December 2020

HON’BLE JUDGES
Rajeev Kumar Dubey, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.50302 Of 2020

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Judgment

25 paragraphs · 409 words

Rajeev Kumar Dubey, J

This is first bail application filed by the applicant under Section 439 of Cr.P.C.

Applicant Waseem @ Luli Khan was arrested on 15/11/2020 in Crime No.750/2020 registered at Police Station Hanumantal, District Jabalpur (M.P.)

for the offence punishable under Section 25 of Arms Act.

As per prosecution case, on 15/11/2020, on the information of informant, police apprehended the applicant and seized one knife from his possession

which was illegally kept by him in his possession.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The alleged

offence is triable by Judicial Magistrate First Class. The applicant has been in custody since 15/11/2020 and the conclusion of trial will take time,

hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that other offences are also registered against the applicant. So applicant

should not be released on bail.

Looking to the facts and circumstances of the case and the fact that alleged offence is triable by Judicial Magistrate, First Class, the applicant is in

custody since 15/11/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is

directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in

the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by

the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

1.

The applicant will comply with all the terms and conditions of the bond executed by him;

2.

The applicant will cooperate in the trial;

3.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer; 4. The applicant shall not commit an offence similar to the offence of

which he is accused;

 5. The applicant will not seek unnecessary adjournments during the trial; and

 6. The applicant will not leave India without prior permission of the trial Court.

 Certified copy as per rules.