Judgment:
M.Cr.C.No.2069/14 11.02.2014 Dr.
Anuwad Shrivastava, learned counsel for the applicants.
Shri Aditya Singh, learned P.L.for the State/respondent.
Learned P.L.submits that inspite repeated intimation, he is not under receipt of the case diary.
Applicants’ counsel submit that the charge-sheet has been filed in the matter and he is under receipt of the certified copy of the same.
He is directed to supply the copy of the same to the learned P.L.Learned P.L.is directed to examine the matter.
After supplying such copy, learned P.L.has perused the same.
The copy of the charge-sheet referred by the counsel is taken on record.
In the aforesaid premises, with the consent of the parties, the matter is taken up for final adjudication.
Heard.
On behalf of the applicants, this petition is preferred under Section 439 of Cr.P.C.for grant of bail to the applicants as they are in custody since 16.01.2014, in connection of Crime No.50/14, registered at Police Station Jahangirabad, Bhopal for the offence under Sections 294, 332, 353 and 186/14 of I.P.C.Applicants’ counsel after taking me through the copy of the charge-sheet argued that as per case of the prosecution, the alleged incident was happened in some religious procession and was also at spur of the moment.
It is undisputed fact that the applicants with their vehicles was the part of such procession, but on the spur of the moment some hot talk had taken place between the parties and in such incident the applicants were beaten by the concerning police officials, the victim/complainant and subsequently to save his skin, he has falsely lodged the impugned FiRs.Information Report against the applicants on false pretext.
The applicants are in judicial custody since 16.01.2014, and prayed for allowing this petition.
On the other hand, learned P.L.by referring the FIR and other papers of the charge-sheet said that, looking to the nature of the offence in which the applicants have created the obstruction in a public function and the complainant/victim being public servant the police officials they do not deserve for grant of bail.
Having heard, keeping in view the arguments advanced after perusing the charge-sheet in the available facts and circumstances specially taking into consideration that the matter is relating to some religious function and in such religious procession, the applicants being member of such community and due to traffic hazardous the alleged incident was happened, without expressing any opinion on merits of the matter, the petition is allowed It is further directed that on furnishing a personal bond of Rs.20,000/- (Rs.Twenty thousand) by each of the applicants along with one surety of the like amount to the satisfaction of the trial Court, the applicants Sheru @ Shaharyar and Mohammad Tariq shall be released on bail with direction to appear on each and every date of the trial.
Their single non-appearance shall cancel the bail automatically without any further order of this Court.
Certified copy as per rules.
(U.C.Maheshwari) Judge Pb