Saddam Gandhi vs The State Of Madhya Pradesh on 3 November, 2023

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Madhya Pradesh High Court

Saddam Gandhi vs The State Of Madhya Pradesh on 3 November, 2023

Bench: Anuradha Shukla

                                                               1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 3 rd OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 48870 of 2023

                          BETWEEN:-
                          SADDAM GANDHI S/O SHRI NAVAV GANDHI, AGED
                          ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB R/O 645
                          TAGORE WARD GANDHI NAGAR BHOPAL (MADHYA
                          PRADESH)

                                                                                              .....APPLICANT
                          (BY SHRI MAYANK SHRIVASTAVA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   BAIRAGARH    BAIRAGARH  (MADHYA
                          PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI RANJANA AGNIHOTRI - DEPUTY GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the court passed the
                          following:
                                                                ORDER

This is first application for grant of anticipatory bail under section 438 of Cr.P.C. on behalf of the applicant who is apprehending his arrest in connection with FIR/Crime No.344/2023 dated 06.09.2023 registered at Police Station Bairagarh, District Bhopal (M.P), for the offences punishable under Sections 376, 376-D, 376(2)(n), 323, 506 and 34 of IPC.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. Applicant is ready to cooperate in the investigation and trial. In the event of arrest, applicant's reputation will be Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/4/2023 11:08:27 AM 2 ruined. Hence, it is prayed that the applicant be released on anticipatory bail.

Learned counsel for the State had opposed the prayer for anticipatory bail.

Heard learned counsel for the parties and perused the case diary. This bail application has been argued on the ground of parity with the bail order passed under M.Cr.C. No.43521/2023 in favour of Yogesh Rajput. The act of present applicant is not graver then the allegations made against the co- accused Yogesh Rajput whose bail application is allowed for the reason mentioned in the order.

Thus, applying the principles of parity, this bail application is allowed.

It is directed that in the event of arrest of applicant by the police in the aforesaid crime, he shall be released on bail on his 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 (Investigating Officer) for his regular appearance before the Police/Arresting Officer during the investigation or before the Court during trial.

It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which this order shall automatically stand cancelled without further reference to the Court.

Accordingly, the M.Cr.C stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE DevS Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 11/4/2023 11:08:27 AM

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