Allowed

Rakim Alias Lala v. the State of Madhya Pradesh

Madhya Pradesh HC17 Aug 2023MCRC/29330/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court allowed bail to the applicant accused of theft and animal cruelty. The court found the IPC 382 charge not made out and granted bail on furnishing a personal bond with sureties.

What did the court decide?

Bail granted on personal bond of Rs. 1,00,000 with two solvent sureties in the like amount, abiding by Section 437(3) CrPC conditions.

Rakim Alias Lala Vs the State of Madhya Pradesh — Cheating and Forgery | Madhya Pradesh HC (2023)

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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 17^th OF AUGUST, 2023 MISC. CRIMINAL CASE No. 29330 of 2023

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BETWEEN:-

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RAKIM ALIAS LALA S/O BABUL ALIAS BABLI ALIAS ALIM KHAN, AGED ABOUT 30 YEARS, OCCUPATION: BUSINESS R/O BICHCHIYA TAKIYA POLICE STATION CITY KOTWALI DISTRICT REWA (MADHYA PRADESH)

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.....APPLICANT

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(BY SHRI A.K. SINGH - ADVOCATE)

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AND

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

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.....RESPONDENTS

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(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)

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

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ORDER

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This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.163/2023 registered at Police Station-Bichchiya, District-Rewa (MP) for the offence under Sections 382, 457 of the IPC; Sections 11(1)(k), 11(1)(gh) of the Animal Cruelty Act; Section 24 of the Prevention of Cruelty to Animals Act and Section 25-B of the Arms Act.

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2. Learned counsel appearing for the applicant submitted that applicant is in jail since 10.06.2023. Applicant is innocent and has falsely been implicated in

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2 the case. It is submitted that no offence under Section 382 of the IPC is made out against the applicant. Applicant has not caused any injury or had not made any preparation for causing death, hurt or restraint in order to the committing of theft. In these circumstances, he prayed that applicant may be released on bail.

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3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is having criminal antecedents and as many as 13 criminal cases are registered against him. In these circumstances, application deserves to be dismissed.

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4. Heard the counsel for the parties.

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5. On going through the facts which are mentioned in case diary, it is found that applicant has not restrained any person or had made any preparation for causing death, hurt or fear in mind of persons for committing act of theft. Applicant was doing theft of a cow from house of complainant and on raising voices other persons gathered and applicant fled away from the spot.

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6. Considering aforesaid facts and circumstances of the case, it appears that offence under Section 382 of the IPC is not made out against the applicant and rest of the offences are minor in nature and punishable up to three years of imprisonment, without commenting on the merits of the case, bail application stands allowed on following conditions :

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1 . Applicant will mark his presence before local police station twice every month till completion of trial.

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2 . If applicant is found involved in any other offence in future during bail then prosecution is at liberty to file an application for cancellation of bail granted him today.

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7. It is directed that the applicant shall be released on bail on aforesaid

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conditions on furnishing personal bond of Rs.1,00,000/- (Rs. One Lac Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial on aforesaid conditions.

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8. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

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(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

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(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

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(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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C.C. as per rules.

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(VISHAL DHAGAT) JUDGE

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Digitally signed by SHABANA ANSARI Date: 2023.08.17 15:30:35 +05'30' shabana

Rakim Alias Lala v. the State of Madhya Pradesh

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Rakim Alias Lala v. the State of Madhya Pradesh

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