Madhya Pradesh High Court
Mukesh Soni vs The State Of Madhya Pradesh on 6 July, 2023
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 6th OF JULY, 2023
MISCELLANEOUS CRIMINAL CASE NO. 27973 OF 2023
BETWEEN:-
MUKESH SONI S/O SHRI PRAKASH CHANDRA
SONI, AGED ABOUT 45 YEARS, OCCUPATION
BUSINESS, R/O RAMVILA GALI NO.4, DURGA
CHOWK, DISTRICT VIDISHA (MADHYA
PRADESH)
........APPLICANT
(BY SHRI GAJENDRA SINGH - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH
POLICE STATION KOTWALI DISTRICT VIDISHA
(MADHYA PRADESH)
........RESPONDENT
(BY SHRI G. S. CHAUHAN - PUBLIC PROSECUTOR)
------------------------------------------------------------------------------------------
This application coming on for admission this day, the Court
passed the following:
------------------------------------------------------------------------------------------
ORDER
Case Diary is available.
This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as he is apprehending his 2 arrest in connection with Crime No.347/2023 registered at Police Station - Kotwali, District Vidisha (M.P.) for offence punishable under Sections 353, 323, 294, 506, 34 of IPC.
Prosecution story, in brief is that a Civil Suit bearing RCSA No. 92/2021 (Mukesh Soni Vs. Nilesh Soni) is pending before the Court of 6th Civil Judge, Junior Division, Vidisha, wherein non-bailable warrant was issued against one defendant namely, Rupesh Soni. On 10.06.2023 at about 15:30 hours, complainant Dharop Singh Vishwakarma, who is a Process Server posted at District Court, Vidisha, along with three other persons went to serve the aforesaid non-bailable warrant and to arrest Rupesh Soni, who met them on the way and when the complainant tried to arrest him, he assaulted the complainant and thereafter called one Mukesh Soni, who also assaulted the complainant.
Learned counsel for the applicant submits that admittedly Civil Suit bearing RCSA No.92/2021 was filed by the applicant Mukesh Soni against Rupesh Soni. Applicant's address is entirely different from that of co-accused Rupesh Soni and it is highly improbable that co-accused Rupesh Soni called the applicant at the time of incident and applicant assisted him in assaulting the complainant as the said arrest warrant issued against the co-accused Rupesh Soni was issued at the instance of applicant himself. It is apparent that the applicant has been falsely implicated in the matter, therefore, he may be enlarged on bail.
Learned counsel for the respondent/State has opposed the application, but unable to explain the fact that how Mukesh Soni could be present at the time of incident although his address is different from the address of Rupesh Soni and why he assisted Rupesh Soni to assault the Process Server, who went to serve the arrest warrant which was 3 issued at the instance of Mukesh Soni himself.
Heard the learned counsel for the parties and perused the case diary.
Having considered the rival submissions, material pointed out by the learned counsel for the applicant as well as learned counsel for the State, specifically with regard to the fact that the civil suit bearing RCSA No. 92/2021 was filed by the applicant, wherein non-bailable warrant was issued at his instance against Rupesh Soni and also considering the over all facts and circumstances, without commenting on the merits of the case, the application is allowed.
It is directed that in the event of arrest of the applicant, he shall be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH) JUDGE Abhi ABHISHEK Digitally signed by ABHISHEK CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, CHATURV postalCode=474001, st=Madhya Pradesh, 2.5.4.20=0b21962b8f3dedc9f9863077d5a67fad e3e278ba70bba6e4464f48b28330e776, pseudonym=FBAC31BF9363C2DDCD34AEBAD 83BFECFD1CDC44B, EDI serialNumber=6C5D1AB964F3BE416FE50F4479 1CAEA7E6BB0297CAEB85E24A97CEBCF90EAE8 6, cn=ABHISHEK CHATURVEDI Date: 2023.07.07 18:19:11 +05'30'