Madhya Pradesh High Court
Joni Bhatham vs The State Of Madhya Pradesh on 20 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:3758
1 MCRC-5268-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 20th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 5268 of 2025
JONI BHATHAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nitin Goyal - Advocate for the applicant.
Shri Dinesh Savita- Public Prosecutor for the respondent/State.
ORDER
1. This is the first application filed by the applicant under Section 483
of BNSS (439 of Cr.P.C.) for grant of bail relating to Crime No.345/2024
registered at Police Station The Station House Officer of Haizra, District
Gwalior (M.P.) for the offence under Sections 231, 233, 238, 217, 250, 248,
61(2), 109 of BNS, 2023 read with Section 25/27 of Arms Act.
2. As per the prosecution story, there was a conspiracy between
present applicant and co-accused persons against Rohan and Mukesh to
implicate them in a case under Section 307 of IPC on false ground.
Therefore, in furtherance of the conspiracy, co-accused Aman fired a gun
shot to Manish and caused injury.
3. Learned counsel for the applicant submits that applicant is innocent
and has been falsely implicated in the case. He is in custody since
20.12.2024. Co-accused Narayan Rathorehas been granted bail vide order
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dated 05.11.2024 passed in M.Cr.C.No.45849/2024. The case of present
applicant is similar to said Narayan Rathore. Though, Narayan was not
present on the spot, but present applicant was present on the spot, this makes
only difference between the case of present applicant and Narayan, who has
been granted bail. No overact of present applicant has been shown. As many
as seven cases have been registered against him, out of which, four cases
have been disposed of. Copies of the judgments of three cases have been
filed. One case has been disposed of and other three cases are pending. Out
of which two cases are related to Arms Act and SC/ST Act, one case is under
Section 323 and other Sections of IPC. He is ready and willing to abide by
all the terms and conditions which may be imposed by this Court. The
applicant is the permanent resident of Bhind (M.P.) and there is no
possibility of his absconsion or tampering with the prosecution evidence.
Conclusion of trial will take time. On these grounds, learned counsel prays
for grant of bail to the applicant.
4 . Per contra, learned counsel for the State opposed the bail
application on the ground of criminal antecedents against him and prayed for
its rejection. However, he submits that the case of present applicant is
similar to co-accused Narayan Rathore.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the rival submissions of learned counsel for the parties
and attending facts and circumstances of the case as well as the fact that
similarly situated co-accused Narayan Rathore has been granted bail but
without expressing any opinion on merits of the case, this application is
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allowed but with certain stringent conditions and 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 Only) with a local surety in the like amount
to the satisfaction of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case
may be;
iii ) The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the Police Officer,
as the case may be;
iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case, if he is found involved in the offence of same
nature, this bail order shall stand cancelled automatically without further
reference to the Bench.
v) The applicant will not seek unnecessary adjournments during the
trial;
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be ; and
(vii) The applicant shall appear before the concerned police once in
every fortnight till conclusion of trial.
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8. Copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
mani
