Nafees Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9806 MP

                                                            1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                  ON THE 28 th OF JUNE, 2023
                                           MISC. CRIMINAL CASE No. 25722 of 2023

                          BETWEEN:-
                          NAFEES KHAN S/O SHRI KALE @ KALLE KHAN AGED-23
                          YEARS, OCCUPATION: LABOUR, R/O VILLAGE KHERA
                          PORSA POLICE STATION PORSA DISTRICT MORENA AT
                          PRESENT R/O IRANI BASTI, SAPA PHAD, POLICE
                          STATION KOTWALI, DATIA (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (BY SHRI HEMANT SINGH RANA- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KOTWALI, DATIA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI SOHIT MISHRA- GOVERNMENT ADVOCATE )

                                 This application coming on for hearing this day, the court passed the
                          following:
                                                             ORDER

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 14.06.2022 in connection with Crime No.164/2022 registered at Police Station Kotwali, District Datia for offence under Sections 399, 400, 402 of IPC, Section 11/13 of the MPDVPK Act and 25 (1-B)A of Arms Act.

I t is submitted by the counsel for the applicant that according to the Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 28-Jun-23 6:53:10 PM

prosecution case, the applicant had assembled alongwith other co-accused persons for making preparation for committing dacoity. Although, it is alleged that the applicant was arrested on the spot but nothing was recovered from the applicant. He has been falsely implicated in the matter. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Under similar set of circumstances, co-accused Jeetu Kushwah, Afsar, Brajesh, Deepak Pal, Ashu Khan, Jahid Khan has been enlarged on bail. Hence, learned counsel apart from merits, seeks parity with

co-accused and prays for grant of bail for the present applicant.

Per contra, learned public prosecutor submits that 10 criminal cases have been registered against the present applicant and one of the case was under Section 392 of IPC read with Section 11/13 of MPDVPK Act. The present applicant was formally arrested, when he was already in custody in other offence, but he candidly admits that the applicant had been granted bail in that matter also and other co-accused persons who had been granted bail were also having criminal antecedant. So, the application is vehemently opposed by the counsel for the State and prays for its rejection.

Considering the period of detention as well as nature of allegations and on the ground of parity 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.

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 28-Jun-23 6:53:10 PM

I t is further directed that the applicant shall appear before the S.H.O. Police Station Kotwali, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or nonappearance 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 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.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 28-Jun-23 6:53:10 PM