Madhya Pradesh High Court
Kishan vs The State Of Madhya Pradesh on 26 December, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2024:MPHC-IND:36964
1 MCRC-55324-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 26 th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 55324 of 2024
KISHAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bhagwan Singh Yadav - advocate for the applicants.
Vinod Thakur Ga appearing on behalf of Advocate General.
ORDER
This first application has been filed by applicants under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 128/2024 registered at
Police Station- Kattiwada District Alirajpur (M.P.) for offence punishable under
Section 353, 333, 332, 307, 427/34 of the IPC. Applicants are in judicial custody
since 30.08.2024.
As per the case of prosecution, vehicle bearing registration
No.GJ20AQ1458 met with an accident with a pickup. P.S Kattiwada apprehended
the driver alongwith vehicle. The occupants of vehicle assaulted Head Constable
Ramchandra Khode and ASI Jaibir Singh Bhadoriya with stones and fled away
with the driver and seized vehicle. P.S Kattiwada registered an FIR bearing crime
No.128/2024 with offence punishable under Section 353, 333, 332, 307 & 427/34
of the IPC against the driver of vehicle No.GJ20AQ1458 and his associates. The
child in conflict was apprehended and he informed that Kishan, Yogesh, Kalpesh,
Shailesh, Hardik, Desingh and Nilesh had assaulted the Police Officials and
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54
NEUTRAL CITATION NO. 2024:MPHC-IND:36964
2 MCRC-55324-2024
damaged their official vehicles. Nilesh & Kalpesh had assaulted the Police
Officials with wooden sticks. Applicants Hardik and Kishan were arrested on
30.08.2024 and they are in custody . The other accused were also apprehended.
The investigation is complete and final report is submitted.
Learned Counsel for the applicant in addition to the grounds mentioned in
the application, submits that applicant has been falsely implicated in the matter,
merely on the basis of statements of co-accused in Police custody. No offence, as
alleged, has been committed by the applicants. Applicant Hardik is aged 19 years
old and applicant Kishan is aged 20 years old and both of them are students. There
is no likelihood of absconsion leaving their family and home. Also, there is no
likelihood of tampering with evidence by the applicants. The trial would take time
to complete. All other accused have been extended benefit of bail. Therefore,
applicants may be extended the benefit of bail.
Per contra , learned counsel for State opposes the bail application on the
ground of gravity of alleged offence and cites criminal history of one case against
the applicants.
In reply, learned counsel for the applicant submits that other matter relates
to accident in the same matter. No other criminal antecedent is alleged against the
applicants.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties, overall
circumstances of the case, but without commenting on merits of the case, this
Court is inclined to release the applicants on bail. Thus, the application is
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54
NEUTRAL CITATION NO. 2024:MPHC-IND:36964
3 MCRC-55324-2024
allowed.
Accordingly, it is directed that applicants- Kishan and Hardik s hall be
released on bail in connection with the Crime as stated in para – 1 of this order,
upon furnishing personal bond and surety bond of amount, as may be considered
appropriate by the Trial Court/the Committal Court for compliance with
conditions, as may be imposed by such Court, to secure presence of the applicants
for the trial under Section 437(3) of Cr.P.C., 1973/Section 480(3) of BNSS, 2023.
This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the concerned Court may consider, on merit,
cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
V. JUDGE
akanksha
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54
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