Sataybhan @ Nikhil vs The State Of Madhya Pradesh
2022 Latest Caselaw 1046 MP

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            THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.3475/2022
                Sataybhan @ Nikhil vs. State of M.P.

                      Through video conferencing

Gwalior, Dated : 21/01/2022

       Shri Anshu Gupta, Counsel for the applicant.

       Shri Awadhesh Parashar, Panel Lawyer for the respondent/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 20.12.2021 in connection with

Crime No.284/2021 registered at Police Station Kumbhraj, District Guna

for offence under Sections 307, 294, 506, 34, 149 of IPC and under

Section 25/27 of the Arms Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, on 7.11.2021 at about 7:30 PM, the co-accused

Mantilal, Harbhajan, Pawan and Bankat were abusing the complainant as

a result the complainant went inside his house and the accused persons

continued to abuse from outside of his house and were also extending a

threat that he should come out and he will not be spared. Thereafter, at

about 8:30 when the complainant came out of the house and requested

not to abuse him, then all the four persons started abusing with instigated

that he should be killed and, accordingly, the co-accused Banti and

Pawan fired gunshot causing injuries to the complainant. It is submitted

that not only the applicant was not named in the FIR but no overt act has

been assigned to him. The applicant is in jail from 20.12.2021. The trial

THE HIGH COURT OF MADHYA PRADESH MCRC No.3475/2022 Sataybhan @ Nikhil vs. State of M.P.

is likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel

for the respondent/State. However, it is fairly conceded that the applicant

was not named in the FIR but it was submitted that according to the

witnesses, he came on the spot at a later stage but fairly conceded that

there is no allegation of firing against him.

Considering the facts and circumstances of the case, 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/- (Rupees 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.

This order shall remain effective till the end of trial but in case of

bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 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)
  (alok)                                                                   Judge




ALOK KUMAR
2022.01.22 12:53:09 +05'30'