Madhya Pradesh High Court

MCRC/3502/2024 of MAYANK KHATRI Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3502 of 2024

BETWEEN:-

MAYANK KHATRI S/O SHRI RAJ KUMAR KHATRI,AGED ABOUT 35 YEARS, OCCUPATION: BUSINESSMANARJUNDEV COLONY POLICE STATION GWARIGHATTEHSIL AND DISTRICT JABALPUR (MADHYA PRADESH)

(BY SHRI MANU V. JOHN - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH THEPOLICE STATION PANAGAR DISTRICT JABALPUR(MADHYA PRADESH)

(BY SHRI S.K. RAI - GOVERNMENT ADVOCATE)

.....RESPONDENTS

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

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ORDER

This is second application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIRNo.765/2023 registered at Police Station-Panagar, District-Jabalpur (M.P.) forthe offence under Sections 417/420 of the IPC and Sections 3, 7 EssentialCommodities Act and Sections 7, 12, 19 Fertilizer Control Order, 1985.

2. Learned counsel appearing for the applicant submitted that applicant isin jail since 23.10.2023. Applicant is innocent and has falsely been implicated inthe case. Offences are not serious in nature. Other criminal antecedents of applicant is of similar offence which is said to have been committed by him.They are part of same offence and not separate offence. It is submitted thatearlier application was withdrawn with liberty to file repeat application aftercompletion of investigation. Investigation is compete and charge sheet has beenfiled. In these circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail. It is submitted that earlier also applicant is involvedin committing similar offence. In these circumstances, applicant may not bereleased on bail.

4. Heard the counsel for the parties.

5. Considering the totality of aforesaid facts and circumstances, withoutcommenting on the merits of the case, bail application filed by applicant isallowed on condition that if applicant is found involved in any other offencein near future during bail then bail granted to him today shall standcancelled and he be sent to the jail.

6. It is directed that the applicant shall be released on bail on aforesaidcondition on furnishing personal bond of Rs.50,000/- (Rs. fifty thousandonly) with one solvent surety in the like amount to the satisfaction of the trialCourt concerned for his regular appearance before Court on all such dates asmay be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of thebond executed under this Chapter; (b) that such person shall not commit any offence similar to the offenceof which he is accused, or suspected of the commission of which he is suspected and;

(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 todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence.

8. C.C. as per rules.

$A

(VISHAL DHAGAT)JUDGE

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