Madhya Pradesh High Court
Nikhil Hirani vs The State Of Madhya Pradesh on 3 July, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 3 rd OF JULY, 2023
MISC. CRIMINAL CASE No. 18311 of 2023
BETWEEN:-
NIKHIL HIRANI S/O SHRI VIRENDRA HIRANI, AGED
ABOUT 30 YEARS, OCCUPATION: BUSINESS RESIDENT
OF GUDWILL APARMENT P.S. OMTI DISTRICT
JABALPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANISH DATT - SR. ADVOCATE WITH SHRI MAYANK SHARMA -
ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CANTT DISTRICT JABALPUR (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI S. K. GUPTA - PANEL LAWYER FOR RESPONDENT/ STATE.
SMT. POOJA MISHRA - ADVOCATE ALONG WITH INJURED/
COMPLAINANT.)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail relating to FIR No.43/2023 dated 10.2.2023 registered at Police Station-Cantt, District-Jabalpur (M.P.) for the offence under Sections 294, 324, 506, 34, 308, 394 of IPC.
2. Applicant apprehending his arrest in the aforesaid offences has knocked the portal of this Court for grant of anticipatory bail.
3. As per the prosecution story, on 10.2.2023 at around 3.20 A.M. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/4/2023 10:24:56 AM 2 Roshan Singh informed S.I. C.P.Tiwari of P.S. Cantt, District Jabalpur that on 9.2.2023 at 10.00 P.M. he after consuming liquor was going towards his home. When he reached near Pentinaka petrol pump, Nikhil Irani and Harshal Gupta met him and started to abuse him. When he refused to abuse, Harshal Gupta beat him by kicks and fists and Nikhil Irani gave a knife blow on his left thigh. Matter was pacified by Sahil Pillai and Sachin. After seven days, he filed another application before the police that injury was caused by Deepak Naidu and Nanu @ Nanhu and at that time Nikhil Irani and Harshal Gupta were standing there.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is further submitted that parties have entered into compromise and complainant has filed his affidavit deposing that no injury was caused to him by the present applicant. It is also submitted that in his 164 Cr.P.C. statement recorded on 21.2.2023, injured/ complainant has again changed his version and stated that Nikhil and Harshul Gupta had caught hold his hand and two other persons had caused injuries by means of knife on his left leg and the persons who had caused injury by means of knife were Deepak Naidu and Nanu @ Nanhu. In the light of different versions of the complainant and on the basis of compromise between the parties, anticipatory bail has been prayed.
5 . Injured/ complainant along with his counsel Smt. Pooja Mishra is present and it is submitted that parties have entered into compromise and complainant has no objection if anticipatory bail is granted to the applicant.
6. On the other hand, learned counsel for the State has opposed grant of anticipatory bail but has fairly admitted that applicant has no criminal Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/4/2023 10:24:56 AM 3 background.
7 . In this case, parties have entered into compromise. Co-accused Harshul Gupta has already been released on anticipatory bail by the trial Court itself. Considering the changing version of the injured / complainant about different persons causing injury by knife, I am of the view that it is a case in which custodial interrogation of the present applicant is not warranted. Consequently, this first anticipatory bail application under Section 438 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
8. It is directed that in the event of arrest applicant- Nikhil Hirani be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Investigation Officer. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before committal Court/trial Court to its satisfaction subject to following conditions:-
(i) Applicant shall make himself available for interrogation before Investigation officer as and when required. He shall join investigation then and there and shall fully cooperate in investigation.
(ii) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) I n case, applicant is not arrested within a period of 8 days from today by the Investigation Officer, he himself shall surrender before the Investigation Officer within 10 (Ten) days from today failing which this order shall become ineffective.
9. However, it is being made clear that in case of bail jump and in Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/4/2023 10:24:56 AM 4 violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer shall be at liberty to proceed against the applicant as per law.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/4/2023 10:24:56 AM