Madhya Pradesh High Court
Ramji Soni vs The State Of Madhya Pradesh on 13 September, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 13 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 39453 of 2023
BETWEEN:-
1. RAMJI SONI S/O LATE GOPINATH SONI, AGED
ABOUT 48 YEARS, OCCUPATION: BUSINESS SONI
MOHALLA MANPUR P.S AND TEHSIL MANPUR
DISTRICT UMARIYA (MADHYA PRADESH)
2. RATAN SONI S/O RAMJI SONI, AGED ABOUT 18
YE A R S , OCCUPATION: STUDENT R/O SONI
MOHALLA MANPUR P.S AND TEHSIL MANPUR
DISTRICT UMARIYA (MADHYA PRADESH)
3. JITENDRA SONI S/O VIRENDER SINGH SONI,
AGED ABOUT 28 YEARS, OCCUPATION: BUSINESS
R/O SONI MOHALLA MANPUR P.S AND TEHSIL
MANPUR DISTRICT UMARIYA (MADHYA
PRADESH)
4. DIVYANSH SONI S/O VIRENDER SINGH SONI,
AGED ABOUT 24 YEARS, OCCUPATION: BUSINESS
R/O SONI MOHALLA MANPUR P.S AND TEHSIL
MANPUR DISTRICT UMARIYA (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI Y.M. TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MANPUR DISTRICT UMARIYA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI GOPAL JAISWAL - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 9/14/2023
10:15:41 AM
2
ORDER
This is first application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail relating to FIR No.285/2023 dated 08.07.2023, registered at Police Station- Manpur, District - Umariya (MP) for commission of the offences punishable under Sections 307, 294, 323, 324, 452 and 506-B/34 of IPC as applicants apprehending their arrest in connection with the aforesaid offence have knocked the portal of this Court for grant of anticipatory bail.
2. At the very outset, learned counsel for the applicants submits that he does not want to press anticipatory bail application filed on behalf of applicant Nos.2, 3 and 4 Ratan Soni, Jitendra Soni and Divyansh Soni.
3. As prayed by learned counsel for the applicants, this first application under Section 438 of Cr.P.C for grant of anticipatory bail filed on behalf of applicant Nos.2, 3 and 4 Ratan Soni, Jitendra Soni and Divyansh Soni is dismissed as withdrawn and not pressed.
4. As per prosecution story, on 05.07.2023, Amit @ Ankit Soni lodged an FIR that at around 9:00 pm, when he and his brother Aman returned to home, they saw Meena Soni abusing her mother Radha and other family members. She was threatening that she will get her son killed. Thereafter, Pawan armed with sock-up, Rattu @ Ratan Soni, Divyansh @ Lallu Soni, Jitendra @ Jittu Soni armed with base ball, bat came near to his brother Aman and assaulted Aman by means of base ball, bats. His brother sustained injuries on the head and became unconscious. Thereafter, when they were entering into their house Ramji Soni, Puja Soni and Meena Soni also reached there and beat him and his mother Radha Soni. Matter was pacified by Sameer Dwivedi, Bhaskar Mishra, Suraj Dwivedi, Munki Mishra, Lalan Soni, Kamlesh Soni and Signature Not Verified Signed by: APARNA TIWARI Signing time: 9/14/2023 10:15:41 AM 3 Suraj Soni, they also threatened to do death. FIR was registered. Investigation is still underway. In MLC report, it is found that Aman Soni has sustained life threatening injuries.
5. Learned counsel for the applicant has submitted that applicant Ramji Soni has not committed any offence. He is innocent. He has b een falsely implicated. It is further submitted that there is no allegation against the present applicant Ramji Soni about causing any grievous or life threatening injuries to Aman Soni. Even, as per the averment of FIR, he reached on the spot after sustaining of injuries by Aman Soni. The only allegation against him is that of causing simple injury to Radha Soni and Amit @ Ankit Soni. There is no allegation against him about causing life threatening or grievous injury. Allegations against him are not identical to the allegations made against Rattu @ Ratan, Divyansh @ Lallu and Jitendra. Therefore, he has prayed for grant of anticipatory bail to the applicant Ramji Soni.
6. O n the other hand, learned counsel for the State has opposed the grant of anticipatory bail to the applicant.
7. As per the allegations, applicant Ramji Soni had reached on the spot after sustaining of injuries by Aman Soni. Therefore, having taken into consideration the totality of allegation against the present applicant, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicant may be released on bail. Consequently, this anticipatory bail application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail filed on behalf of applicant No.1 stands allowed.
8. It is directed that in the event of arrest applicant No.1 - Ramji Soni be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one separate surety in the like amount to Signature Not Verified Signed by: APARNA TIWARI Signing time: 9/14/2023 10:15:41 AM 4 the satisfaction of the Arresting Authority. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to its satisfaction subject to following conditions:-
(i) Applicant shall make themselves available for interrogation by a police officer as and when required;
(ii) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
(iii) In case, applicant is not arrested within a period of 7 days' by the Investigation Officer, they shall surrender themselves before the Investigation Officer within 10 days' from today failing which this order shall become ineffective.
9. However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE AT Signature Not Verified Signed by: APARNA TIWARI Signing time: 9/14/2023 10:15:41 AM