Nitesh Kharate vs The State Of Madhya Pradesh
2024 Latest Caselaw 6545 MP

Madhya Pradesh High Court

Nitesh Kharate vs The State Of Madhya Pradesh on 4 March, 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 4 th OF MARCH, 2024
                                          MISC. CRIMINAL CASE No. 7426 of 2024

                           BETWEEN:-
                           NITESH KHARATE S/O SHRI NEELKANTH KHARATE,
                           AGED ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB
                           R/O   SATNUR  PARADSINGA    POLICE   STATION
                           LODHIKHEDA    TAHSIL    SAUNSAR     DISTRICT
                           PANDHURNA (MADHYA PRADESH).

                                                                                           .....APPLICANT
                           (BY SHRI MUKESH PANDEY - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           S TAT I O N PANDHURNA DISTRICT CHHINDWARA
                           (MADHYA PRADESH).

                                                                                        .....RESPONDENT
                           (BY SHRI S.K. KASHYAP - GOVERNMENT ADVOCATE)

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

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 530/2023 registered at Police Station Pandhurna, District Chhindwara (M.P.) for the offence under Sections 420 and 406 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 19.01.2024. Offences under Sections 420 and 406 of IPC are punishable with less than 7 years' imprisonment. Applicant is ready to cooperate in investigation. Therefore, police ought not to have arrested him as

per the judgment of Apex Court passed in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. It is submitted that offences alleged against the applicant fall under category A. In these circumstances, applicant be released on bail.

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

4. Heard the counsel for the parties.

5. Offences alleged against applicant are punishable with less than 7 years of imprisonment and fall in category A, as defined in by the Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation,

reported in (2022) 10 SCC 51.

6. Considering aforesaid circumstances of the case, bail application filed by applicant is allowed.

7. It is directed that the applicant shall be released on bail on his 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 trial Court on all such dates as may be fixed in this regard during pendency of trial.

8. 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.

9. C.C. as per rules.

(VISHAL DHAGAT) JUDGE vkt