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Madhya Pradesh High Court

Kailash Prasad Mishra vs The State Of Madhya Pradesh on 26 December, 2022

Author: Nandita Dubey

Bench: Nandita Dubey

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 26 th OF DECEMBER, 2022
                                           MISC. CRIMINAL CASE No. 61271 of 2022

                           BETWEEN:-
                           KAILASH PRASAD MISHRA S/O LATE SHRI LALMANI
                           MISHRA, AGED ABOUT 52 YEARS, OCCUPATION:
                           FARMER VILLAGE BAKHIYA P.S. RAMPUR BAGHELAN
                           (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI VIVEK BADERIYA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           SEMARIYA REWA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI K.S. PATEL, PANEL LAWYER)

                                  T h is application coming on for admission this day, t h e court
                           passed the following:

                                                                ORDER

This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail to the present applicant.

T h e applicant apprehends his arrest in connection with Crime No.379/2018 registered at Police Station Semariya, District Rewa for the offences punishable under Sections 341, 294, 323, 327, 427, 506/34 and 329 of IPC.

Earlier the applicant was released on bail by order dated 14.10.2019, however, later on Sections 325 and 329 of IPC has been added. Under these Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 12/26/2022 6:07:30 PM 2 circumstances, he has filed present bail application for anticipatory bail.

It is stated that only allegation against the applicant is that he assaulted Dherendra Singh with lathi. However, Challan was filed on 29.10.2019 after which Section 325 and 329 of IPC was added.

It is alleged that fracture has been caused by the present applicant on the left hand of Dherendra Singh, which is also corroborated with allegation made in the FIR.Learned counsel for the applicant submits that earlier the applicant was enlarged on bail on 14.10.2019. Charge sheet has been filed. His custody is no more required. He undertakes not to influence the witnesses, under these circumstances he may be enlarged on anticipatory bail.

Learned counsel for the State fairly submits that the applicant has not misused the bail granted to him.

Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2 . The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant will not seek unnecessary adjournments during trial;

5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

6. If the applicant commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.

(NANDITA DUBEY) V. JUDGE vkv /-