Madhya Pradesh High Court
MCRC/4883/2024 of SATISH@CHHUNNA KHATIK Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4883 of 2024
BETWEEN:-
SATISH @ CHHUNNA KHATIK S/O LATE RAMNARESHKHATIK, AGED 26 YEARS, OCCUPATION : MAZDURI,R/O GRAM BHAGITA KA PURA, DISTRICT MORENA(MADHYA PRADESH)
(BY SHRI AYUSH KULSHRESTHA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MURAR, DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to Crime No. 370 of 2023 registered atPolice Station Morar, District Gwalior (M.P.) for the offence under Sections392 of IPC and Section 11, 13 of MPDVPK Act.
Learned counsel for the applicant argued that applicant is an innocent personand has been falsely implicated. Further submission is that neither looted articlehas been seized from the possession of the applicant nor he was identified inT.I.P.. It is further submitted that main accused Chhotu and co-accused
Krishna have already been enlarged on bail by the Coordinate Bench of thisCourt vide orders dated 05.10.2023 in M.Cr.C.No.42655 of 2023 and05.10.2023 in M.Cr.C.No.41343 of 2023 respectively. The applicant is incustody since 18.09.2023 and he is permanent resident of District Morena.Conclusion of trial is likely to take time and there is no likelihood of hisabsconsion, if released on bail. On these grounds, he prays for grant of bail tothe applicant.
P e r contra, learned Dy. Public Prosecutor for respondent/Statevehemently opposed the bail application by citing criminal history and prayedfor its dismissal.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent suretyin the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;
3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;
4) The applicant shall not commit an offence similar to the offence of which he is accused;
5) The applicant will not seek unnecessary adjournmentsduring the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
7) The applicant shall mark his presence before theSHO of the concerning police station in the first week ofevery month till conclusion of the trial.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information andnecessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
AK/-
(SUNITA YADAV)JUDGE