Madhya Pradesh High Court
Dinesh Singh Chauhan vs The State Of Madhya Pradesh on 28 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-27037-2017
(DINESH SINGH CHAUHAN Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 28-02-2018
Shri Narendra Nikhare, counsel for the petitioner.
Shri Abhay Shankar Pathak, Government Advocate for the respondent/State.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Dinesh Singh Chouhan in Crime No.590/2017 registered by P.S.-Gorakhpur, District- Jabalpur under Sections 353, 332, 333, 325 read with Section 34 of the IPC.
sh As per the prosecution case, on 27.08.2017, on an information received from an informant, police force of P.S. Gorakhpur tried to intercept e ad petitioner Dinnu @ Dinesh Singh Chouhan on an Activa vehicle; however, in order to escape, petitioner Dinesh Singh Chouhan pushed constable Pr Ramgopal. As a result, he fell down and sustained grievous injury to wrist.
a Learned counsel for the petitioner submits that there is no allegation that hy the petitioner had actually beaten the victim. He is said to have only pushed ad the victim. As a result the victim had fallen down. The petitioner was arrested on 06.12.2017. Though he was released on temporary bail for M appearing in the examination between 15.01.2018 and 06.02.2018. He did of not misuse his liberty and surrendered before the trial Court on the direction of the High Court on 07.02.2018. Therefore, it has been prayed rt that the petitioner be released on bail ou Learned Government Advocate for the respondent/State on the other hand C has opposed the application mainly on the ground that the petitioner is a habitual offender and there are as many as six cases including one under h ig Section 307 of the Indian Penal Code, registered against the petitioner. H However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by the learned counsel for the petitioner, in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Dinesh Singh Chouhan, is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C V SIRPURKAR) JUDGE b Digitally signed by BIJU BABY Date: 2018.02.28 21:27:01 -08'00' sh e ad Pr a hy ad M of rt ou C h ig H