Madhya Pradesh High Court
Jivan vs The State Of Madhya Pradesh on 24 August, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
MCRC No.38511/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.38511/2021
(Jivan s/o Rupchand
Versus
The State of Madhya Pradesh)
Indore, Dated 24.08.2021
Hearing through Hybrid Mode.
Shri Vikas Rathi, learned counsel has put his appearance
through Video Conferencing for the applicant.
Shri Neeraj Gaur, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Shri Siddharth Jain, learned counsel for the objector / com- plainant.
They are heard. Perused the case diary / challan papers. This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.161/2021 registered at Police Station Rajod, District Dhar (MP) for offence punishable under 294, 323, 324, 326 and 506 read with Section 34 of the Indian Penal Code, 1860.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein one Santosh s/o Gomalal Maru has suffered grievous injury.
Counsel for the applicant has submitted that the applicant is a young boy aged 25 years. He is in a private job and there are no 2 MCRC No.38511/2021 criminal antecedents of the applicant.
Counsel for the applicant has submitted that the anticipatory bail application of other co-accused person Santosh Shrikhar s/o Motilal Shrikhar has already been allowed by this Court on 26.07.2021 in Miscellaneous Criminal Case No.36160/2021 and the case of the present applicant is identical.
Counsel has further submitted that the incident has taken place on the spur of the moment, owing to a boundary dispute between the parties, as admittedly, just prior to the incident, the measurement was being carried out by the Government Officer.
Counsel has further submitted that no specific injury is attributed to the present applicant and the allegation, that he caused injury by stick to one Rahul is also unfounded, as there is no MLC available on record to suggest that Rahul has suffered any injury. Thus, it is submitted that if the applicant is arrested, irreparable damage shall be caused to his reputation; and his anticipatory bail, in such circumstances, is necessary.
Counsel has further submitted that the applicant is ready to cooperate with the Investigating Officer of the case. Thus, it is submitted that the applicant, if arrested in the present matter, it would bring extreme hardship not only to him but also to his family members. Counsel has further submitted that the applicant is ready to abide by all the conditions, as may be imposed by this Court. 3 MCRC No.38511/2021
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out. However, it is not denied that no specific injury is attributable to the present applicant in the case diary; and the main allegation is against Trilokchand Maru.
On due consideration of the rival submissions and on perusal of the case diary as also taking note of the fact that no specific injury is attributable to the present applicant and the allegation levelled against the present applicant is identical to that of co-accused Santosh Shrikhar whose anticipatory bail application Miscellaneous Criminal Case No.36160/2021 has already been allowed by this Court on 26.07.2021, the custodial interrogation of the applicant does not appear necessary.
Resultantly, this application is allowed, maintaining the parity with co-accused Santosh Shrikhar s/o Motilal Shrikhar. It is directed that in the event of arrest, applicant Jivan s/o Rupchand shall be released on bail, upon his / her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section 4 MCRC No.38511/2021 (2) of Section 438 of the Code of Criminal Procedure, 1973.
It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
Accordingly, Miscellaneous Criminal Case No.38511/2021 stands allowed.
Certified copy as per rules.
(Subodh Abhyankar) Judge Pithawe RC RAMESH CHANDRA PITHWE 2021.08.24 18:25:49 +05'30'