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Madhya Pradesh High Court · body

2021 DIGILAW 719 (MP)

Arkam(Akram) Nomani v. State of M. P.

2021-11-09

SHEEL NAGU

body2021
ORDER 1. Learned counsel for the rival parties are heard. 2. This is third repeat application u/S. 439 of the Cr.P.C. filed by petitioner for grant of bail after rejection of first application which was dismissed on merits on 8.5.2018 passed in M.Cr.C. No.7420/2018 with liberty to revive after the evidence of the witnesses Mansoor and Sarfraz or if the trial gets delayed whichever is earlier and second application was dismissed as withdrawn on 3.12.2018 in M.Cr.C. No.36360/2018. 3. The petitioner has been arrested on 27.3.2021 by Police Station Kotma, Disrict Anuppur (M.P.) in connection with crime No.34/2017 registered in relation to the offence punishable under sections 450, 302, 363, 364 of IPC and section 25B of the Arms Act. 4. Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 5. New ground raised in the present repeat bail application is that Mansoor and Sarfraz who are witnesses to the seizure of offending weapon have since been examined as PW/6 and PW/8 and; therefore, release of the petitioner shall not be at the risk of influencing the prosecution case. More so, the petitioner has suffered more than four and half years of incarceration. Petitioner has no criminal antecedents. In view of above and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of petitioner fleeing from justice, this Court is inclined to extend benefit of bail to the petitioner. 6. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that Petitioner- Arkam(Akram) Nomani be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of concerned trial Court. 7. This order will remain operative subject to compliance of the following conditions by the petitioner :- 1. The petitioner will comply with all the terms and conditions of the bond executed by him; 2. The petitioner will cooperate in the trial ; 3. 7. This order will remain operative subject to compliance of the following conditions by the petitioner :- 1. The petitioner will comply with all the terms and conditions of the bond executed by him; 2. The petitioner will cooperate in the trial ; 3. The petitioner will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The petitioner shall not commit an offence similar to the offence of which he is accused; 5. The petitioner will not seek unnecessary adjournments during the trial; 6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order. 8. A copy of this order be sent to the Court below for compliance.