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Madhya Pradesh High Court

Arsh @ Mohammad Kaif Khan vs The State Of Madhya Pradesh on 30 October, 2023

Author: Anil Verma

Bench: Anil Verma

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 30 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 45661 of 2023

                           BETWEEN:-
                           ARSH @ MOHAMMAD KAIF KHAN S/O ANWAR KHAN,
                           AGED 19 YEARS, OCCUPATION: STUDENT JHANDA
                           CHOWK NEAR RANGREZWADI MASJID, TEH. AND
                           DIST. KHARGONE (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI VIKAS RATHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KHARGONE DIST. KHARGONE (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           ( SHRI VINAY JOSHI - ADVOCATE FOR OBJECTOR)
                           (SHRI K.K.TIWARI - GOVERNMENT ADVOCATE FOR STATE)

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

Applicant has filed this third bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.262/2022 registered at P.S. Khargone, District Khargone (M.P.) for commission of offence punishable under Sections 147, 148, 149, 336, 323, 427, 435 and 436 of IPC. He is in jail since 08.05.2022. His earlier bail application was dismissed on merit by this Court vide order dated 26.08.2022 passed in MCRC No.27175/2022.

2. Learned counsel for the applicant submits that applicant is innocent Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 31-10-2023 11:20:06 2 person and he has been falsely implicated in this matter. Applicant is suffering jail incarceration since 08.05.2022. Investigation is over and charge-sheet has been filed. Prosecution has not examined any witness. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

3 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that there is no material change in the circumstances in which applicant may be enlarged on bail. His earlier bail applications were dismissed on merit after considering all the facts and circumstances of case. Hence, present applicant does not deserve for bail.

4. Learned counsel for objector also opposes the bail application and prays for its rejection.

5. Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant's earlier bail applications were dismissed on merit after considering all the facts and circumstances of case and evidence available on record; thereafter there is no material change in the circumstances in which applicant may be entitled for bail.

7. Accordingly, the third bail application filed by the applicant under Section 439 of Cr.P.C. is rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 31-10-2023 11:20:06