Madhya Pradesh High Court
Upendra Dixit vs The State Of Madhya Pradesh on 10 June, 2019
1 MCRC-22911-2019
The High Court Of Madhya Pradesh
MCRC-22911-2019
(UPENDRA DIXIT Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 10-06-2019
Shri Sohit Mishra, Counsel for the applicant.
Shri Vinay Kumar, Panel Lawyer for the respondent/State.
Case diary not available.
This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail. This bail application was filed on 3.6.2019 and the case belongs to Gwalior City itself, however the case diary has not been sent in spite of the fact that seven days have passed.
The applicant apprehends his arrest in Crime No.21/2019 registered by Police Station Girwai, District Gwalior for offence punishable under Sections 452, 323, 294, 506 r/w Section 34 of IPC.
It is submitted by the counsel for the applicant that the rejection order has been passed in detail, therefore, the application may be decided on the basis of the same. According to rejection order, on 29.1.2019 the applicant along with the other co-accused persons committed house trespass and abused the complainant and had scuffled with him. Offence under Section 452 of IPC is non-bailable offence. From the rejection order, it appears that the complainant has not sustained any grievous injury.
Per contra, the application is opposed by the counsel for the respondent/State.
Considering the allegations made against the applicant and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appear before the Investigating Officer (Arresting Authority) on or before 17.6.2019, 2 MCRC-22911-2019 he shall be released on bail on his furnishing a personal bond in the sum of Rs. 40,000/- (Rs. Forty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 17.6.2019, then this order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.
Certified copy as per rules.
(G.S. AHLUWALIA) V. JUDGE (alok) ALOK KUMAR 2019.06.10 16:23:46 +05'30'