Madhya Pradesh High Court

MCRC/52132/2020 of NISHAR @ MONU KHAN Vs THE STATE OF MP on 31 December 2020

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Court Of Madhya Pradesh MCRC-52132-2020 (NISHAR @ MONU KHAN Vs THE STATE OF

Gwalior, Dated : 31/12/2020

Heard through Video Conferencing.

Shri B.K. Sharma, learned counsel for the applicant.

Shri B.S. Gour, learned Panel Lawyer for therespondent/State.

I.A. No.24885/2020, an application for urgent hearing, istaken up, considered and allowed for the reasons mentioned therein.

This is the first bail application under section 438 of CrPCfiled by the applicant for grant of anticipatory bail.

The applicant apprehends his arrest in connection with CrimeNo.181/2020 registered at Police Station Sabalgarh, District Morena(M.P.) for offence under Section 294, 323, 307, 506, 34 of IPC.

It is submitted by learned counsel for the applicant –Nishar @Monu Khan that he has falsely been implicated in the case and thename is not reflected in the FIR. It is also submitted that there is noovertact on the part of the present applicant and one complaint hasbeen filed by the victim of this case before the Magistrate,Sabalgarh, wherein it is specified that the third person was someoneKalicharan, as there is no involvement of the present applicant andthe other co-accused of this case has been enlarged on anticipatorybail by this Court and the case of the present applicant is on same

footing, hence prayed to grant anticipatory bail to the applicant.

Learned State counsel has opposed the submissions andsubmitted that offence has been registered under Sections 294, 323,307, 506, 34 of IPC. Hence, prayed to reject the anticipatory bailapplication of the applicant.

Heard learned counsel for the parties at length through VCand considered the arguments advanced by them and perused thecase diary.

Considering the facts and circumstances of the case, withoutcommenting on merits of the case and the fact that co-accused hasbeen enlarged on anticipatory bail, hence on the ground of parity,the application is allowed. It is hereby directed that in the event ofarrest, the applicant shall be released on anticipatory bail on hisfurnishing a personal bond of Rs.75,000/-(Rupees Seventy fiveThousand Only) with one solvent surety in the like amount to thesatisfaction of the Arresting Officer/ Investigating Officer.

This order will remain operative subject to compliance of thefollowing conditions by the applicant:-

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1. The applicant will comply with all the termsand conditions of the bond executed by him;and conditions of the bond executed by him;

2. The applicant shall make himself available for interrogation by a police officer as and whenrequired. He shall further abide by the otherconditions enumerated in sub-Section (2) ofSection 438 of Cr.P.C.

3. The applicant will not indulge himself inextending inducement, threat or promise to anyperson acquainted with the facts of the case so asto dissuade them from disclosing such facts to theCourt or to the Police Officer, as the case may be;

4. The applicant shall not commit an offencesimilar to the offence of which he is accused;

5. The applicant will not seek unnecessaryadjournments during the trial; and

6. The applicant will not leave India withoutprevious permission of trial Court/ InvestigatingOfficer, as the case may be.

E-copy of this order be sent to the Court concerned for compliance as well as e-copy of the order be given to the learned State counsel with a direction to keep the same in the concernedcase diary.

Certified copy/ e-copy as per rules/directions.

Monika

MONIKA SHARMA

(Rajeev Kumar Shrivastava)V.Judge

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