Madhya Pradesh High Court

MCRC/3032/2024 of NIKHIL KAHAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT.

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SMT. JUSTICE ANURADHA SHUKLAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3032 of 2024

BETWEEN:-

NIKHIL KAHAR S/O SHRI GOVIND KAHAR, AGEDABOUT 28 YEARS, OCCUPATION: SERVICECHANDRASHEKHAR AZAAD WARD BEHIND PREETAMKIRANA SHOP MATH ROAD TEHSIL AND DISTRICTSEONI (MADHYA PRADESH)

(BY SHRI ARNAV TRIPATHI - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KEOLARI DISTRICT SEONI (MADHYAPRADESH)

(BY SHRI C.K. MISHRA - GOVERNMENT ADVOCATE)

.....RESPONDENTS

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

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ORDER

This is second application under Section 439 of the Code of CriminalProcedure 1973 for grant of bail filed on behalf of the applicant who has beenarrested relating to FIR/Crime No.587/2022 registered at Police Station Keolari,District Seoni, for the offences punishable under Sections 408, 409, 420, 467,468, 471, 120-B of IPC. His earlier bail application (M.Cr.C. No.33164/2023)was dismissed on merits vide order dated 25.08.2023.

2. Learned counsel for the applicant submits that the applicant is injudicial custody since 02.05.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely beenimplicated in the case. The applicant is the permanent resident of district and isready to furnish adequate surety and shall abide by all the conditions to beimposed by the Court. Upon these grounds, it is prayed that the applicant bereleased on bail.

Learned counsel for the State has opposed the bail application andprayed for its rejection.

Heard learned respective counsel for the parties and perused the casediary.

5. This bail application has been argued on the ground that on account oflong period of custody and prospective delay in trial, the Apex Court hasgranted bail to the co-accused Lalit Saryam in SLP (CRL) No.12874/2023 on16.01.2024. According to applicant, he was although charge-sheeted separatelyfrom co-accused Lalit Sariyam, but his case is at par with the co-accused LalitSariyam. Although, his earlier bail application was dismissed under M.Cr.CNo.33164/2023, but it is now argued that applicant had lesser amount creditedin his bank account as compared to Lalit Saryam and on the parameters ofprospective delay in trial, his case is identical to the case of Lalit Saryam,therefore parity is prayed for.

6. Having considered these facts, this Court deems it fit to release theapplicant on bail, therefore, without commenting on the merits of the case, thisrepeat application is allowed.

7. It is directed that the applicant shall be released on bail upon hisfurnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on allsuch dates as may be fixed in this regard during pendency of the trial.

8. It is further directed that the applicant shall comply with the provisionsof Section 437(3) of Cr.P.C.

9. Accordingly, this M.Cr.C. stands allowed and disposed of.

DevS

(ANURADHA SHUKLA)JUDGE

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