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2020 DIGILAW 1204 (MP)

Aashiq v. State Of M. P.

2020-11-09

SHAILENDRA SHUKLA

body2020
JUDGMENT Shailendra Shukla, J. - Heard. Perused the case diary. 2. This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant - Aashiq S/o Rashid Gutti Musalman is implicated in Crime No.206/2020 registered at Police Station - Pipliya Mandi, District Mandsaur for the offence punishable under Sections 353, 341, 336, 332, 427 and 34 of IPC and he is in custody since 23.09.2020. 3. As per prosecution story, on 15.07.2020, the traffic police of Mandsaur was deputed for checking the vehicles and at 11.45 AM, a pickup vehicle came to the check-post in high speed. It was tried to be stopped but the driver did not stop. The aforesaid vehicle was then chased and it was later on found to be standing in front of a factory of slate-pencil. This vehicle was then sought to be lifted up through crane by the traffic police. When the vehicle was being lifted, the traffic police was stopped by two persons and they pelted stones upon them and thus created hindrance in official functioning. One of the stone also hit member of the team who had come to lift the vehicle. The pickup vehicle was not allowed to be taken and applicant was one of such persons. 4. Learned counsel for the applicant submits that applicant has been in jail since 23.09.2020 and that charge-sheet has since been filed. 5. Learned Public Prosecutor for the State has opposed the bail application who submits that a case under Section 25 of the Arms Act had earlier been registered against the applicant. 6. To this, learned counsel for the applicant submits that in the aforesaid case, applicant has been acquitted. Considered. 7. In view of the aforesaid situation and looking to the fact that applicant is not a habitual criminal and that the case is triable by the Judicial Magistrate First Class., he deserves to be enlarged on bail. Without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant - Aashiq shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. However, in view of the allegations made against him, which involves attacking a government official team, it would be appropriate that a condition be stipulated, which is that applicant shall mark his appearance before the concerned police station on first Monday of every month between 10.00 AM to 12.00 PM and mark his presence for a period of six months from the date of his release and he shall not indulge in likewise criminal activities henceforth. 8. A copy of this order be sent to the Court concerned for compliance. 9. M.Cr.C. No.39795/2020 is allowed and stands disposed of Certified copy as per rules.