Tushar Khatri vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.P.C. for grant of bail filed by petitioner-Tushar Khatri, who is implicated in Crime No.09 of 2018, registered at Police Station-Kotwali, District-Ujjain for the offence punishable under Sections 307, 302, 201, 147, 148 and 149 of IPC.

It is submitted by the learned Counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the present case. There is no evidence against him.

Conclusion of trial is likely to take time. The petitioner is permanent resident of District-Ujjain. There is no possibility of his absconding. He is ready to furnish adequate security.

The petitioner is in custody since 29/01/2018. Investigation is over and charge sheet has been filed. Trial is likely to take time.

Submission of the petitioner is that he has been impleaded in the case on the basis of identification. He is identified by complainant Jai Prakash but he has not supported the case of the prosecution before the Trial Court.

Learned counsel further submits that under identical circumstances, co-accused persons viz. Rahul, Nilesh Thakur and Bablu @ Tyre @ Kunal have been granted bail by this Court in M.Cr.C. Nos.26777/2018 on 18/07/2018, M.Cr.C No.37003/2018 on 05/10/2018 and M.Cr.C No.52013/2018 on 20/02/2019 respectively and on the ground of parity, the present petitioner is entitled to the same.

According to the prosecution case, on 11.01.2018 at about 10 a.m. complainant Jai Prakash was standing with his friend Golu and Kanha @ Arpit Tank at Juna Somwariya square. They received information that some person has stabbed their friend Pradeep Khatri at Dani gate and he has taken to the hospital. They rushed to the hospital to see him, where Durlabh Kashyap, Rajdeep Mandloi, Bokhla, Shanu Thakur and Tushar Khatri (petitioner) with some other persons were already present. Suddenly, they inflicted knife in the waist and back of Golu with intent to kill him, when Jai Prakash and Kanha intervened, they stabbed them also. Passer by and their other friends who reached there intervened and rescued them. Kanha @ Arpit Tank succumbed to injuries.

Learned Public Prosecutor has opposed the application.

It is argued that the petitioner is named in Dehati Nalshi recorded immediately, after the incident. Though, Jai Prakash has turned hostile before the Trial Court but as per copy of the statement produced by the petitioner himself, other witness/injured Ravi @ Golu (PW-4) has supported the case of the prosecution. A blood stained spring actuated knife has been recovered from his possession. This Court has granted bail to co-accused persons, namely- Nilesh, Babu @ Tayar @ Kunal and Rahul, as they were not named in the Dehati Nalshi and the witness of identification Jay Prakash has not supported the case of the prosecution in the Court but the petitioner was well acquainted with the injured witnesses and one of them Ravi @ Golu (PW-4) has named him as assailant in the alleged incident. Therefore, there is no parity in favour of the present petitioner and he is not entitled for bail.

Looking to the facts and other circumstances of the case, there is no parity of the case of the petitioner with the case of the co-accused Nilesh, Babu @ Tayar @ Kunal and Rahul, who have been granted bail.

Keeping in view the act attributed to the petitioner, no case for granting bail, is made out, therefore, the petition is dismissed.