Madhya Pradesh High Court
Dashrath Singh vs The State Of Madhya Pradesh on 18 October, 2019
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-41950-2019
The High Court Of Madhya Pradesh
MCRC-41950-2019
(DASHRATH SINGH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 18-10-2019
Shri Manish Yadav, learned counsel for the applicant.
Shri Pourush Ranka, learned Public Prosecutor for the
respondent/State.
This is first bail application under Section 438 of Cr.P.C on behalf of Dashrathsingh. The applicant is before this Court seeking anticipatory bail in connection with Crime No.294/2019 registered at Police Station-Tilak Nagar, District-Indore for the offence punishable under Section 507 of IPC, on an allegation that on a mobile phone the applicant has threatened the complainant with a dire consequence, if she did not turn up to him. Accordingly, case has been registered against the him.
Learned counsel for the applicant submits applicant is innocent and has been falsely implicated in the offence. He has no criminal antecedents. Applicant is a young man; aged 35 years and a sole bread earner of his family. He further submits that the applicant shall suffer social indignation, if he is arrested. Hence, prays for grant of anticipatory bail.
Per contra, learned counsel for the respondent/State opposes the application with submission that in fact, the applicant is a quack who under the pretext of treatment play tricks of black magic with persons and misuse the faith deposed on him and exploits them. The complainant is one of the victim. Hence, if such persons are protected, massage to the society shall be vulnerable. He further submits that Investigation is in progress and the applicant has criminal antecedents comprising offence punishable under Section 302 & 327 of IPC.
Heard.
Admittedly, an offence under Section 507 of IPC has been registered against the applicant, which is a bailable offence. Under such circumstances, no illegality is found in the order of rejection to the application under Section Digitally signed by Jyoti Chourasia Date: 18/10/2019 18:19:18 2 MCRC-41950-2019 438 of Cr.P.C. as the said provision is applicable in cases of non bailable offences.
Be that as it may, it is directed that applicant may appear before the concerned SHO and seek bail on furnishing the bond bail and the surety of the amount to the satisfaction of the concerned SHO and shall also comply with the following other conditions:
i) the applicant shall appear before the Court below on the date fixed for hearing of the complaint and shall extend full cooperation in the trial.
ii) applicant shall also make himself available for interrogation by the Police Officer as and when required.
iii) applicant shall mark his presence at the concerned Police Station on every second and fourth Saturday between 10:00 a.m. to 12:00 noon till filing of charge-sheet.
iv) applicant shall not either contact or by any means of postures or gestures cause any threat to the person or liberty of the complainant or her family in any manner whatsoever.
v) in case complaint is received of such nature by concerned SHO, the bail bond shall be cancelled and the applicant shall be taken into custody.
M.Cr.C. stands disposed of with the aforesaid. Certified copy as per rules.
(ROHIT ARYA) JUDGE jyoti Digitally signed by Jyoti Chourasia Date: 18/10/2019 18:19:18