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Madhya Pradesh High Court

Raja Khatik @ Sonkar vs The State Of Madhya Pradesh on 13 October, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 13 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 40657 of 2023

                           BETWEEN:-
                           RAJA KHATIK @ SONKAR S/O LATE DURJAN KHATIK @
                           SONKAR, AGED ABOUT 42 YEARS, OCCUPATION:
                           PRIVATE WORK, R/O BAPU NAGAR, RANJHI, P.S.
                           RANJHI, JABALPUR (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI AKBAR HUSSAIN USMANI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION RANJHI, DISTRICT JABALPUR (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI ANAND SHUKLA - PANEL LAWYER)

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

This is first application under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail filed on behalf of the applicant relating to FIR/Crime No.0505/2023 dated 22.07.2023 registered at Police Station Ranjhi, District Jabalpur, for the offence punishable under Sections 34(2) IPC.

Learned counsel for the applicant submits that the applicant is in judicial custody since 22.07.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of the District and is ready to Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/16/2023 1:33:20 PM 2 furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary. I n this case, the counsel for the applicant has argued in this bail application that the applicant has been falsely implicated in the case and for this he has relied upon the spot map which was prepared on 22.07.2023 at 10 p.m. mentioning the crime no., while the FIR was registered on 22.07.2023 at 23:23 p.m. The Court had asked the counsel for the State to submit the Rojnamcha entry of preparing the spot map in order to verify whether any human error was committed in registering date and time in preparation of spot map but that Rojnamcha is not produced till date.

Having considered the submissions, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

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

It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE Priya.P Signature Not Verified Signed by: PRIYANKA PITHAWE Signing time: 10/16/2023 1:33:20 PM