Madhya Pradesh High Court
Liyakat vs The State Of Madhya Pradesh on 29 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:11318
1 MCRC-6282-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 29th OF APRIL, 2025
MISC. CRIMINAL CASE No. 6282 of 2025
LIYAKAT S/O KARIM KHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Shri Akash Rathi - Advocate on behalf of Shri Sachin
Parmar - Advocate.
Respondent - State of Madhya Pradesh by Shri Hemant Sharma -
Government Advocate appearing on behalf of Advocate General.
ORDER
This repeat (seventh) bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has
been filed by applicant – Liyakat S/o Karim Kha for grant of regular bail,
who has been arrested on 23.05.2022 in connection with Crime No.01 of
2021 registered at Police Station Narcotic Cell, Indore District Indore (M.P.)
for commission of offence under Section 8 read with Section 21 of Narcotic
Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the
Act).
First bail application of the applicant was dismissed by this Court vide
order dated 18.08.2022 passed in Miscellaneous Criminal Case No.36197 of
2022 as withdrawn, whereas his third bail application was dismissed for
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:11318
2 MCRC-6282-2025
want of prosecution by this Court vide order dated 04.12.2023 passed in
Miscellaneous Criminal Case No.51721 of 2023 and his other four bail
applications (second, fourth, fifth and sixth) have already been dismissed on
merit by this Court vide order dated 01.07.2023, 17.02.2024, 05.08.2024 and
08.11.2024 passed in Miscellaneous Criminal Case No.12671 of 2023,
Miscellaneous Criminal Case No.6271 of 2024, Miscellaneous Criminal
Case No.31180 of 2024 and Miscellaneous Criminal Case No.45870 of 2024
respectively. This is seventh regular bail application.
2. As per prosecution case, on 04.01.2021, the police recovered 100
grams of brown sugar from the joint possession of Wasim Kha S/o Raju Kha
and Shahrukh S/o Nanhe Kha; and upon their disclosure statement recorded
under Section 27 of the Indian Evidence Act, 1872, that the contraband has
been provided by the present applicant, he has been arraigned as an accused
in this case.
3. Learned counsel further submits that as per direction of the Court
as contained in order dated 08.04.2025, he has filed the required information
in tabular form, which reads, as under: –
Criminal antecedents:
In Crime No.131 of 2006 registered at Police Station Dag, District
Jhalawad (Rajasthan) under Section 8/21 and 29 of the Act, the applicant has
been acquitted vide judgment dated 25.06.2009;
In Crime No.83 of 2007 registered at Police Station Dag, District
Jhalawad (Rajasthan) under Sections 147, 148, 149 and 307 of Indian Penal
Code, 1860 (IPC) and also under Section 4/25 of Arms Act, 1959, theSignature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:113183 MCRC-6282-2025
applicant has been acquitted vide judgment dated 29.04.2009;
The record of Crime No.193 of 2014 registered at Police Station Dag,
District Jhalawad (Rajasthan) under Sections 279 and 337 of IPC was not
found, but a handwritten note mentioned in order dated 17.02.2024 fine of
Rs.200/-;
In Crime No.58 of 2015 registered at Police Station Barkheda Kala,
District Ratlam (MP) under Section 8/21 and 29 of the Act, the applicant has
been granted bail vide order dated 21.07.2022 passed in Miscellaneous
Criminal Case No.35426 of 2022;
The record of Crime No.57 of 2018 registered at Police Station Baap,
District Jodhpur (Rajasthan) under Section 8/15 and 29 of the Act not found,
but a handwritten note mentioned in order dated 17.02.2024 regarding bail;
In Crime No.55 of 2021 registered at Police Station Anti Narcotics
Cell Mumbai (Maharashtra) under Section 8/21 and 29 of the Act, the
applicant has been granted bail vide order dated 10.02.2022 by Special Court
(NDPS Act) Greater Bombay;
In Crime No.679 of 2021 registered at Police Station Nai Mandi
Hindon City, Karauli (Rajasthan) under Section 8/21 and 29 of the Act, the
applicant has been granted bail vide order dated 21.05.2024;
In Crime No.05 of 2022 registered at Police Station GRP, Kota
(Rajasthan) under Section 8/21 and 29 of the Act, the applicant has been
acquitted vide judgment dated 03.02.2024 passed by Sessions Court, Kota in
SC No.73 of 2022;
In Crime No.55 of 2022 registered at Police Station Nai Mandi,
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:11318
4 MCRC-6282-2025
Hindon City, Karauli (Rajasthan) under Section 8/21 and 29 of the Act, the
applicant has been granted bail vide order dated 04.05.2022; AND
In Crime No.32 of 2022 registered at Police Station Dag, District
Jhalawad (Rajasthan) under Section 8/21 and 29 of the Act, the applicant has
been granted bail vide order dated 03.03.2022.
3.1 Learned counsel for the applicant submits that this is a case of
false implication, as he has been arraigned as an accused only on the basis of
memo statement recorded under Section 27 of the Indian Evidence Act, 1872
of co-accused persons Wasim Khan and Shahrukh Kha. Sufficient evidence
is not available on record to establish the complicity of the accused with the
alleged crime. Investigation is complete and charge sheet has been filed.
There is no likelihood of his absconsion leaving his family, home and
profession and also there is no likelihood of tampering with evidence by
applicant. Similarly placed co-accused Wasim Kha S/o Raju Kha and
Shahrukh S/o Nanhe Kha (from whose possession contraband was recovered)
have already been granted bail by this Court vide order dated 01.02.2023 and
13.02.2023 in Miscellaneous Criminal Case No.1066 of 2023 and
Miscellaneous Criminal Case No.4764 of 2023 respectively. Conclusion of
the trial will take considerable long time, therefore, on the ground of parity,
learned counsel prays for allowing the bail application and for grant of bail.
4. Per contra, learned counsel for the respondent / State has
vehemently opposed the prayer on the ground of criminal antecedents and
four bail applications of the applicant have already been dismissed on merit
and prays for dismissal of the bail application.
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:11318
5 MCRC-6282-2025
5. Heard rival submissions of the learned counsel for the parties with
the aid of case diary.
6. In the aforesaid factual backdrop, looking to the status report along
with the custody and the fact that the contraband which has been seized from
the co-accused persons is also of a non-commercial quantity and co-accused
persons from whose possession contraband was seized, have already been
enlarged on bail, this Court is inclined to grant benefit of bail to the applicant
with certain stringent conditions. Accordingly, without commenting on the
merits of the case, the bail application is allowed.
7. It is directed that the applicant be released on bail upon his
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)
with separate solvent surety in the like amount to the satisfaction of the trial
Court, for his regular appearance before the concerned Court on all the dates
fixed by the said Court, without any default, during trial. He shall abide by
all the conditions enumerated under Section 480 (3) of BNSS. The applicant
shall also mark his appearance before the concerned police station fortnightly
on every Monday between 10:00 AM to 12:30 PM, till conclusion of the
trial.
8. The applicant will not indulge himself in any criminal activity in
future. This order shall be effective till the end of the trial, however, in case
of bail jump and / or breach of any of the conditions of bail, this order will
come to an end and applicant will be liable to be arrested by the concerned
authorities.
9. The concerned Court shall get the conditions reproduced on the
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:11318
6 MCRC-6282-2025
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
10. Accordingly, this M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 4/30/2025
12:32:43 PM
[ad_1]
Source link