Madhya Pradesh High Court
Nikhil Singh vs The State Of Madhya Pradesh on 23 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:3416
1 MCRC-2483-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 23rd OF JANUARY, 2025
MISC. CRIMINAL CASE No. 2483 of 2025
NIKHIL SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhinav Dubey - Advocate for the applicant.
Shri Gulab Singh Thakur - P.L for the respondent/State.
ORDER
This is the second bail application filed on behalf of the
applicant/accused under Section 438 of the Cr.P.C./482 of B.N.S.S. for grant
of anticipatory bail, as he is under apprehension of his arrest, in connection
with Crime No.870/2024, registered at Police Station Maihar, District
Maihar (M.P.) for the offences punishable under Sections 75, 115(2), 351(3),
3(5) of BNS and Section 7/8 of the POCSO Act. First application for bail
was dismissed as withdrawn.
2. As per prosecution story, allegation against the applicant and co-
accused persons is of molesting the prosecutrix and assaulting her uncle. On
the basis of complaint, the offence has been registered against the applicant
and co-accused under aforesaid sections.
3. Learned counsel appearing for the applicant submitted that applicant
is innocent and has been falsely implicated in the present case. It is submitted
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that there is no allegation against the present applicant. There is no need of
custodial interrogation of the applicant. It is further submitted that earlier he
has filed an application for bail and at that time it was told by the prosecution
that there is a previous criminal case registered against the applicant being
crime no.886/2019 for the offence under sections 294, 323, 506 and 34 of
IPC. Due to this reason, the learned counsel for the applicant had withdrawn
the application and co-accused Sahit Singh has been enlarged on anticipatory
bail by this Court. Later on, he came to know that no criminal case was
registered against the present applicant and the case which has been
mentioned in the trial Court is not related to present applicant but it was
related to one Nikhil Patel son of Upendra Singh Patel. In support of his
submission, learned counsel has filed copy of charge sheet and judgment of
said case which has been passed by the JMFC, Maihar in RCT/1074/2019
dated 19.04.2024 in which Nikhil Patel son of Upendra Patel has been
acquitted by the Court. The conclusion of trial will take considerable time. In
these circumstances, applicant may be granted anticipatory bail on the
ground of parity.
4. Learned counsel for the State has opposed the grant of anticipatory
bail to the applicant but fairly stated that crime no.886/2019 is not related to
present applicant.
5. Looking to the facts and circumstances of the case and without
commenting on the merits of the case, anticipatory bail application filed by
the applicant is allowed. It is directed that if the applicant is arrested by the
police then he shall be released on bail on his furnishing a personal bond in
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the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent
surety of the like amount to the satisfaction of the Investigating
Officer/Arresting Authority.
6. Applicant shall abide by the following conditions under Section
482(2) of B.N.S.S.:-
(a) Applicant shall make themselves available for interrogation by a
Police Officer as and when required;
(b) He shall not, directly or indirectly, make any inducement, threat or
promise to complainant or witnesses;
(c) He shall not leave India without the previous permission of the
Court;
(d) He shall not commit similar offence, of which, she is accused or
suspected.
7. He will further abide by the condition enumerated in sub-section (3)
of Section 480 of the B.N.S.S.
Certified copy as per rules
(PRAMOD KUMAR AGRAWAL)
JUDGE
anu
