Kamlesh @ Satish vs The State Of Madhya Pradesh
2024 Latest Caselaw 4253 MP

Madhya Pradesh High Court

Kamlesh @ Satish vs The State Of Madhya Pradesh on 13 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                             ON THE 13 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 2061 of 2024

                          BETWEEN:-
                          KAMLESH @ SATISH S/O KESHAVRAM, AGED ABOUT 40
                          YEAR S , OCCUPATION: PRIVATE JOB R/O VILLAGE
                          KHIRIYA ASLI(BASIYS), TEHSIL AND DISTRICT
                          BATIYAGARH, DISTRICT DAMOH (MADHYA PRADESH).

                                                                                          .....APPLICANT
                          (BY SHRI SURENDRA KUMAR RAJAK - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION BATIYAGARH DISTRICT DAMOH (MADHYA
                          PRADESH).

                                                                                       .....RESPONDENT
                          (BY SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE)

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

This is the third bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No. 196/2023, registered at Police Station-Batiyagarh, District Damoh (M.P.) for the offence punishable under Sections 419, 420/34 of IPC.

2 . Learned counsel appearing for applicant submitted that co-accused Khillu is released on bail vide order dated 01.12.2023 in M.Cr.C. No. 51835/2023 on condition of deposit of money. Applicant also wants to deposit money. Case of applicant is on parity with co-accused person. In these

circumstances, applicant may also be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application.

4. Heard learned counsel for the parties.

5 . Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application stands allowed on conditions that applicant will deposit Rs.06,50,000/- (Rs.Six Lacs Fifty Thousand Only) under protest before trial Court. Amount which will be deposited by the applicant shall be kept in FDR and same will be subject to final judgment passed by the trial Court.

6. It is directed that the applicant shall be released on bail on aforesaid conditions on furnishing personal bond of Rs.50,000/ (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE vkt