Madhya Pradesh High Court
Nitesh @ Kau vs The State Of Madhya Pradesh on 11 May, 2022
Author: Subodh Abhyankar
1 MCRC No.17394/2022
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 11TH OF MAY, 2022
Miscellaneous Criminal Case No.17394/2022
Between: -
Nitesh @ Kau S/o Shree Khushilal Malviya,
Age- 20 years, Occupation- Labour,
R/o- Gandhi Nagar, Ujjain, District Ujjain (MP)
.....APPLICANT
(By Shri Virendra Sharma, Advocate)
AND
The State of Madhya Pradesh
Through Police Station Mahakal,
District Ujjain (MP)
.....RESPONDENT
(By Shri Amit Singh Sisodia, Government Advocate)
...............................................................................................................................
This application coming on for orders this day, the court
passed the following:
ORDER
They are heard. Perused the case diary / challan papers.
This is the applicant's repeat (second) application under
Section 439 of Criminal Procedure Code, 1973, as he / she is
arrested in connection with Crime No.13/2020 registered at Police
Station Mahakal, District Ujjain (MP) for offence punishable under
Section 307 read with Section 34 of the Indian Penal Code, 1860
and also under Sections 25 and 27 of the Arms Act, 1959. His
earlier first application M.Cr.C. No.31841/2020 was dismissed by
this Court on 18.09.2020 as withdrawn, taking note of ten criminal
antecedents of the present applicant.
The applicant is in custody since 20.01.2020.
Counsel for the applicant has submitted that out of ten
criminal cases, five cases under Section 307 of IPC have been
registered at Crime No.8/2020, Crime No.9/2020, Crime
No.10/2020, Crime No.11/2020 and Crime No.12/2020 against the
applicant and all of them were registered on one day only.
It is further submitted that out of the aforesaid five cases, in
Crime No.10/2020 and Crime No.11/2020, the applicant has already
been acquitted, copies of the judgment have been filed on record.
It is submitted that in the present case the applicant is lodged
in jail since 20.01.2020 and it is alleged that the applicant had fired
gun shot on police party, but none of the police personnel has
suffered any gun shot injury; and in fact the applicant has suffered
injury on lower limb. The documents regarding which have also
been placed on record and as per the status report dated 06.05.2022,
only two prosecution witnesses have been examined until now out
of twenty eight witnesses, as mentioned in the charge sheet.
Be that as it may. Considering the period of incarceration of
the applicant and the fact that only two witnesses have been
examined and no police personnel has suffered any gun shot injury,
this Court finds it expedient to allow the present application and
release the applicant on bail.
Accordingly, without adverting to the merits of the case, the
application filed by the applicant is hereby allowed. The applicant
is directed to be released on bail upon furnishing a personal bond in
the sum of Rs.50,000/- (rupees fifty thousand) with one solvent
surety of the like amount to the satisfaction of the trial Court for
his / her regular appearance before the trial Court during trial with a
condition that he / she shall remain present before the court
concerned during trial and shall also abide by the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that after his release on bail, if the
applicant is found in any criminal activities, the present bail order
shall stand automatically cancelled without further reference to this
Court; and the State / prosecution will be free to arrest the accused
in the present case also.
This order shall be effective till the end of the trial, however,
in case of bail jump, it shall become ineffective.
All the other pending interlocutory applications, if any, shall
stand disposed of.
Certified copy as per rules.
(Subodh Abhyankar)
Judge
Pithawe RC
RAMESH CHANDRA PITHWE
2022.05.11 16:04:17 +05'30'
