Kunal Khateek vs The State Of Madhya Pradesh on 21 November, 2022

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Madhya Pradesh High Court

Kunal Khateek vs The State Of Madhya Pradesh on 21 November, 2022

Bench: Sunita Yadav

                                                   1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                                 BEFORE
                                    HON'BLE SMT. JUSTICE SUNITA YADAV
                                       ON THE 21st OF NOVEMBER, 2022

                                 MISC. CRIMINAL CASE No. 48926 of 2022

                           BETWEEN:-
                           KUNAL    KHATEEK    S/O   RAMSWAROOP
                           KHATEEK,   AGED    ABOUT   23  YEARS,
                           OCCUPATION: DUKANDARI BHADORIYA KI
                           KHIDAKI DATIA (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (SHRI SHEESHU YADAV, LEARNED COUNSEL FOR THE
                           PETITIONER) .

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE
                           POLICE STATION THROUGH POLICE THANA
                           KOTWALI DISTT DATIA (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (SHRI DHEERAJ KUMAR BUDHOLIYA - PANEL LAWYER FOR THE
                           RESPONDENT - STATE)

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

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Kotwali, District Datia in connection with crime No. 431/2022 registered for the offence punishable under Section 327, 294, 336, 506, 323, 34 added section 329 of IPC.

Allegations against the present applicant, in short, are that the applicant Signature Not Verified along with co-accused demanded money from the complainant for drinking Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 22-11-2022 06:16:08 PM liquor, which was denied by him, due to which, the applicant along with co-

accused inflicted injuries on him.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that FIR was lodged with delay of two days, for which, no plausible explanation has been given by the prosecution, which indicates afterthought FIR. The applicant has no criminal antecedents. He is in custody since 19/09/2022. Investigation is nearing completion and further custodial interrogation of the applicant may not be required. He is permanent resident of District Datia and there is no likelihood of his absconsion or tampering with the prosecution evidence, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that present applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR

2) The applicant will cooperate in the investigation/trial, as the case may Signing time: 22-11-2022 06:16:08 PM be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 22-11-2022 06:16:08 PM

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