Kale Kha vs The State Of Madhya Pradesh
2022 Latest Caselaw 816 MP

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                              THE HIGH COURT OF MADHYA PRADESH
                                        M.Cr.C. No.487/2022
                                     Kale Khan Vs. State of M.P.

                                      Through Video Conferencing
                   Gwalior, Dated: 18/01/2022

                          Shri Pawan Pathak, Counsel for the applicant.

                          Shri N.K. Gupta, 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 5/12/2021 in connection with

                   Crime No.603/2021 registered at Police Station Jhansi Road, Lashkar,

                   Gwalior for offence under Sections 294, 307, 34 of IPC.

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

                   the prosecution case, the complainant Ismail Khan lodged a report that

                   he is the resident of Opho Ki Bagiya. On 3/12/2021 at 10, he was in his

                   house and his younger brother Khalid was also in the house and was

                   sleeping and at that time, the applicant came there and kicked the doors.

                   When he went outside, he saw that the applicant was standing there and

                   informed that he had picked up a quarrel. By that time, his sister Anjum

                   Nisha also came there. Then the applicant started abusing her. When

                   the complainant tried to persuade the applicant, then his sons Sohil and

                   Sahil came there. Sohil had a country made pistol in his hand. Both of

                   them started abusing him. The applicant instigated him to kill and

                   accordingly, the co-accused Sohil fired a gunshot on his younger

                   brother Khalid causing injury above his eyebrow. It is submitted that the

                   applicant is the husband of Anjum Nisha and he was aggrieved that she

                   was late in returning house and the applicant is in jail for the last more

ARUN KUMAR
MISHRA
20.01.2022

17:03

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.487/2022 Kale Khan Vs. State of M.P.

than one month and the trial 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 State. However, it is fairly conceded that there is no allegation of

firing gunshot against the applicant and the gunshot was fired by the co-

accused Sohil.

Considering the facts and circumstances of the case, genesis of

the incident coupled with the period of detention, 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) 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) Judge Arun*

ARUN KUMAR MISHRA 20.01.2022 17:03