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Madhya Pradesh High Court

Dalveer Singh vs The State Of Madhya Pradesh on 5 August, 2014

                                   1        M.Cr.C. No.5373/2014


               Dalveer & Anr. Vs. State of M.P.
5.8.2014
      Shri Deepak Shrivastava, Advocate for the applicants.
      Shri Mukund Bharadwaj, PP for the respondent/State.

Shri Rajmani Bansal, Advocate for the complainant. Heard.

Perused the case diary.

This is the first bail application filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail.

The applicants are apprehending their arrest in connection with Crime No.157/2014 registered at P.S. Isagarh, District Ashoknagar for the offence punishable under sections 307, 325, 341, 294, 323, 324, 506, 147, 148, 149 of IPC.

As per the prosecution story the complainant has gone to cut his crop by Harvester alongwith Bahadur Singh Yadav, Shivkumar Yadav, Ramkumar Yadav Dinesh Yadav & Anil Yadav at the same time Dalveer Lodhi, Lokendra Lodhi, Pratipal Lodhi, Shishupal Lodhi and Rajveer Lodhi came there and started abusing them. When complainant objected, Dalveer gave a Farsa blow on the head of the complainant, Pratipal gave Luhangi blow on the middle finger of left hand of complainant and Shishupal and Rajveer gave a Lathi blow. Ramkumar Yadav, 2 M.Cr.C. No.5373/2014 Shivkumar Yadav, Dinesh Yadav and Anil Yadav reached there to save the complainant but they all were beaten too.

It is submitted by learned counsel for the applicants that applicants have been falsely implicated. They have not committed any offence. On the report of Dalveer a cross-case under Section 341, 294, 323, 324, 326, 147, 148, 149 of IPC has been registered against the complainant party. There is no likelihood of absconsion of the applicants, hence prayed for anticipatory bail.

The prayer is opposed by learned Public Prosecutor as well as by the counsel appearing on behalf of the complainant.

As per medical report Ramkumar has sustained fracture on head, Shivkumar has sustained fracture of left ribs, the injury of Ramkumar has been stated to be dangerous to life. From perusal of the case diary of Crime No.158/14, it appears that Dalveer Singh has sustained contusion on right shoulder, incised wound on skull, contusion on skull, contusion on left side of back, abrasion on index finger of left hand and one more abrasion on middle finger of left hand and Pratipal has sustained two contusions and imputation of little finger of left hand and Rajveer has sustained five contusions and one abrasion.

Taking into consideration the allegation against Dalveer Singh that he has caused Farsa blow on the head of the complainant and Veer Singh has received one incised wound, one lacerated wound, two contusions and abrasion and the applicant Dalveer has also sustained injuries as mentioned above, therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicants shall be enlarged on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicants shall make themselves available for interrogation by a police officer as and when required and they will co-operate in the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

This order shall remain operative for a period of sixty days and during this period the applicants are free to move the regular bail application before the concerned Court.

Certified copy as per rules.

(D.K.Paliwal) Judge Patil