Madhya Pradesh High Court
Rahul Khatri vs The State Of Madhya Pradesh on 27 October, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-52914/2021
Rahul Khatri v. State of M.P.
Gwalior, Dated :27.10.2021
Shri Rajiv Jain, Counsel for the applicant.
Shri B.S. Gour Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 10.08.2021 in connection
with Crime No.567/2021 registered by Police Station Kotwali
Ashoknagar Distt. Ashoknagar for offence punishable under Sections
399, 400 and 402 of IPC and 25, 27 and 25-B of Arms Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, the applicant had assembled with other co-
accused persons for making preparation for committing dacoity. The
applicant was arrested along with iron pipe. Applicant is an innocent
person. Investigation is over and charge-sheet has been filed. Trial is
likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case. However, in view
of the criminal antecedents, it is submitted that he is ready and willing
to abide by any stringent condition which may be imposed by this
Court.
Per contra, the application is opposed by the counsel for the
State. It is submitted that applicant has a criminal history and two
THE HIGH COURT OF MADHYA PRADESH
MCRC-52914/2021
Rahul Khatri v. State of M.P.
offence were registered in the year 2019 i.e. for offence under Section
25/27 of Arms Act and another offence under Section 389 and 427 of
IPC.
Considering the facts and circumstances of the case and
without commenting on the merits of the case, the application is
allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.1,00,000/- (Rs One Lac
Only) with one surety in the like amount to the satisfaction of the
Trial Court/Committal Court to appear before the Court on the dates
given by the concerned Court.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Kotwali Ashoknagar, District Ashoknagar
on 1st of every month during the pendency of the Trial. In case of
bail jump or non-appearance of the applicant before the police station
as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
ar
ABDUR
Digitally signed by ABDUR RAHMAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, postalCode=474001,
st=Madhya Pradesh,
RAHMAN
2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1
bc26d2b510cc133f1b56faa63e77b, cn=ABDUR
RAHMAN
Date: 2021.10.27 18:23:07 -07'00'
