IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL nd ON THE 2 OF NOVEMBER, 2023 MISC. CRIMINAL CASE No. 46355 of 2023 BETWEEN:-

KHALID S/O SHRI ALI HASAN, AGED ABOUT 50 YEARS, OCCUPATION: LABOUR R/O RAMPURWA P.S. BARURAJ DISTRICT MUZAFFARPUR (BIHAR)

.....APPLICANT (BY SHRI YOGESH SONI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GURH DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI AMIT BHURRAK - PANEL LAWYER)

This application coming on for admission this day, the court passed the following:

ORDER

This first bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Khalid S/o Shri Ali Hasan, who is in custody since 20.08.2023 in connection with case Crime No.262/2018, registered at Police Station Gurh, District Rewa (M.P.) for the offence punishable under Sections 364-A, 365, 120-B & 34 of IPC.

It is submitted that Khalid has been made an accused on the basis of memorandum of co-accused that victim was retained in the house of Khalid at Bihar. Reading from Annx.A/2, for which an offer was given to Shri Bhurrak to verify the certificate issued by Superintendent Shahid Khudiram Bose, Central Signature Not Verified Signed by: ASHWANI Jail, Mujaffarpur in which it is mentioned that Khalid was in Central Jail from 22.11.2016 to 13.052021 and thereafter, he was transferred to Distrit Jail Arariya on administrative ground on 13.05.2021 to 17.07.2022. Again the convict prisoner came from District Jail Arariya on 19.07.2022 and, thereafter, confined in Shahid Khushiram Bose Central Jail, Mujaffarpur uptill 07.01.2023. He was under trial in relation to five cases which are mentioned in the certificate Annx.A/2.

It is submitted that though allegation made in 164 Cr.P.C. statement of the complainant is that Khalid was involved and he was to get some share out of the ransom so claimed, but investigation is complete, charge sheet is filed, police has not seized any call details or any other material so to prima facie demonstrate that Khalid was operating racket through other co-accused persons while being lodged in jail. In absence of any material being brought on record, specially when Khalid was in jail mere use of his residence by co-accused persons to detain the victim is not a sufficient circumstance to prima facie hold that Khalid is not entitled to grant of bail. Hence, prayer is made to enlarge the applicant on bail.

Shri Amit Bhurak, learned Panel Lawyer for the State opposes the prayer for grant of bail.

Taking these facts into consideration and the fact that the trial is is going to take time, applicant is in jail since 20.08.2023, without commenting anything on merits of the case, this bail application is allowed.

It is directed that applicant - Khalid be released on bail on his furnishing a personal bond to the tune of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Signature Not Verified Signed by: ASHWANI Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy as per rules.

(VIVEK AGARWAL)

JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI