Madhya Pradesh High Court
Pritam Uplavadiya vs The State Of Madhya Pradesh on 2 July, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-28030-2021
The High Court Of Madhya Pradesh
MCRC-28030-2021
(PRITAM UPLAVADIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-07-2021
Heard through Video Conferencing.
Shri Satyam Agrawal, counsel for the applicants.
Ms. Ranjana Agnihotri, Government Advocate for the
respondent/State.
Case diary is available.
This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail filed by the applicants who are in apprehension of their arrest in connection with Crime No. 88/2021 registered at Police Station Ichawar, District Sehore for offence punishable under Sections 307, 323, 324, 326, 506 and 294 of the Indian Penal Code. Initially offence was registered under Sections 323 and 324 of the IPC, later Sections 307 and 326 of the IPC were enhanced.
As per the prosecution case, complainant Mehul Verma lodged a complaint that the present applicants along with co-accused Vikas came on a motor-cycle to his village Diwadiya and started abusing him. A scuffle took place wherein Vikas assaulted the complainant with a rod.
Learned counsel for the applicants submits the applicants are students who have been falsely implicated in the case. Some documents/marksheets have been filed in support of their contentions. No serious allegations have been levelled against them, hence, it is prayed that they be granted anticipatory bail.
Learned Government Advocate for the State has vehemently opposed the bail application.
On perusal of the findings recorded by the trial Court and as per the case diary, main allegation of assaulting the complainant with a rod is against co-accused Vikas @ Upas Mewada. The allegation against the present applicants is that they assaulted the complainant with fist. Considering facts 2 MCRC-28030-2021 and circumstances of the case and role assigned to applicants, without commenting on merits of the case, this application is allowed.
It is directed that in the event of arrest of the applicants namely-Pritam Uplavadiya and Vijendra by the Police in the aforesaid crime, they shall be released on bail on furnishing personal bond in the sum of Rs. 40,000/-
(Rupees Forty Thousand Only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for their regular appearance before the Police during the investigation or before the Court during trial. It is directed that the applicants shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which this bail order shall automatically stand cancelled without further reference to the Court.
Accordingly, the M.Cr.C. stands allowed and disposed of.
(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2021.07.02 16:04:27 +05'30'