Madhya Pradesh High Court
Amritlal Yadav vs The State Of Madhya Pradesh on 16 August, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-35149-2021
The High Court Of Madhya Pradesh
MCRC-35149-2021
(AMRITLAL YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
MCRC/35145/2021
Jabalpur, Dated : 16-08-2021
Heard through Video Conferencing.
Shri P. K. Saxena, learned counsel for applicants.
Shri Sheetal Tiwari, learned PL for respondent/State.
Applicants have filed this first bail application under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of their arrest in connection with Crime No.977/2020, registered at Police Station Majhauli, District Sidhi (M.P.) for the offences punishable under Sections 294, 323, 506, 341, 427, 327, 329 and 34 of Indian Penal Code.
Learned counsel appearing for the applicants submitted that initially report was lodged against applicants under sections 294, 323, 506, 34 and 327 of IPC. Trial court granted anticipatory bail to applicants. Later on Police Chowki Majhauli enhanced offence under section 329 of IPC against applicants. After addition of Section 329 IPC, bail bonds furnished by applicants were rejected and arrest warrant were issued against them. It is submitted that earlier by order dated 3.12.2020 it has been held that there is no evidence on record against applicants to show that money was demanded by applicants, therefore, anticipatory bail application was allowed. Since there was no demand of money or attempt on behalf of applicants to extort any money, therefore, offence under section 329 IPC, is also not made out against applicants. It is further submitted that complainant has received fracture on his fingers which was caused by a stick (danda) and at the most offence under section 325 of IPC may be made out against the applicants. In the circumstances learned counsel prayed for grant of anticipatory bail to the applicants.
Learned Panel Lawyer appearing for the State opposed the applications for grant of bail. It is submitted by him that offence under section 329 of Signature SAN Not Verified Digitally signed by MONSI M SIMON Date: 2021.08.17 10:23:13 IST 2 MCRC-35149-2021 IPC, is made out against the applicants. Complainant has suffered fracture, therefore, offence is serious in nature.
Heard learned counsel for the parties.
Considering the genesis of the incident, the facts and circumstances of the case and also considering the fact that complainant has suffered fracture only by a stick (danda) and there was no demand of money in the F.I.R, anticipatory bail applications filed by the applicants are allowed.
It is ordered that in the event of arrest of applicants Amritlal Yadav, Rahul Yadav, Babulal and Doctor Yadav in connection with the aforesaid crime number and the offences, they be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand) with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
The applicants are directed to join the investigation immediately and to co-operate with the investigating agency. They will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGE
mms
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2021.08.17
10:23:13 IST