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Madhya Pradesh High Court

Nilesh Rathore vs The State Of Madhya Pradesh on 14 August, 2023

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 14 th OF AUGUST, 2023
                                         MISC. CRIMINAL CASE No. 34675 of 2023

                           BETWEEN:-
                           NILESH RATHORE S/O LACCHIRAM RATHORE, AGED
                           ABOUT 24 YEARS, OCCUPATION: LABOUR B-31A,
                           CHHATRA-CHHAYA      COLONEY,   WARD    NO.8,
                           PITHAMPUR, DISTRICT DHAR (MADHYA PRADESH).

                                                                                          .....APPLICANT
                           (BY SHRI L.C. CHOURASIA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION RAHATGAON DISTRICT HARDA (MADHYA
                           PRADESH).

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

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

This is the third application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No. 293/2022, registered at Police Station-Rahatgaon, District-Harda (MP) for the offence punishable under Sections 353, 332, 324, 333 and 34 of Indian Penal Code.

2. Learned Counsel appearing for applicant submitted that police has falsely made an offence under Section 333 of IPC to aggravate the nature of offence committed by applicant. It is submitted that only lacerated wound is said to have been caused by applicant and injuries were simple in nature. In X-

ray examination, no bone injury was found. In these circumstances, applicant may be enlarged on bail.

3. Learned Government Advocate appearing for State opposed the bail application. It is submitted that applicant is repeatedly involved in committing offences under Section 392 of IPC. Applicant is having criminal antecedents. Considering his criminal antecedents, applicant may not be released on bail.

4. Heard learned counsel for the parties.

5. Perused documents which has been filed by applicant. It has been stated by doctors in MLC that injuries are simple in nature. Applicant has assaulted police Constable while they were trying to arrest him. Applicant is also having criminal record of seven cases. He is in jail since 22.09.2022.

6. Considering aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed on following conditions :

(i) Applicant will mark his presence before concerned police station twice (on 1st and 15th) every month till completion of trial.

(ii) Applicant will regularly appear before the trial Court.

(iii) If applicant is found to be involved in any other offence in future then prosecution is at liberty to file application for cancellation of bail.

7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial court.

8. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

9. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-08-2023 19:01:10