Madhya Pradesh High Court
Ashok Chandel vs The State Of Madhya Pradesh on 23 November, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 23rd OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 55059 of 2022
BETWEEN:-
1. ASHOK CHANDEL S/O SHRI ROHIT SINGH
CHANDEL, AGED ABOUT 30 YEARS,
OCCUPATION: ROJGAR SAHAYAK AT VILLAGE
PANCHAYAT CHATUA VILLAGE CHATUA P.S.
DINDORI TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
2. SMT. SUMAN CHANDEL W/O SHRI ASHOK
KUMAR CHANDEL, AGED ABOUT 28 YEARS,
OCCUPATION: HOUSEWIFE R/O VILLAGE
CHATUA P.S. DINDORI TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
3. LAAL VIJAY CHANDEL S/O SHRI KISHORE
SINGH CHANDEL, AGED ABOUT 48 YEARS,
OCCUPATION: AGRICULTURIST R/O VILLAGE
CHATUA P.S. DINDORI TEHSIL AND DISTRICT
DINDORI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ABHINAV DUBEY, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DINDORI DINDORI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY SONI, GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the first application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 11/23/2022 5:51:45 PM 2T he applicants are apprehending their arrest in connection with Crime No.965/2022 registered at Police Station Dindori District Dindori, for the offence punishable under Sections 436 read with Section 34 of IPC.
Counsel for the applicant submits that there was property dispute between the parties. The complainant is the mother of applicant no.1 and made a complaint to the police apprehending that the shop of the complainant was set on fire by applicants but later on she has submitted an affidavit before the court below stating therein that if bail is granted to applicants, she would have no objection.
O n the other hand, counsel for State has opposed the prayer and submitted that merely because affidavit has been filed the complainant but applicants are not entitled for grant of benefit of Section 438 of Cr.P.C.
Considering the arguments advanced by counsel for the parties and on perusal of case diary, I am inclined to enlarge the applicants on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that in the event of arrest, the applicants be released on bail upon their furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one solvent surety each of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 11/23/2022 5:51:45 PM 3 JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 11/23/2022 5:51:45 PM