Madhya Pradesh High Court
Omkar @ Bhoore Sikarwar vs The State Of Madhya Pradesh on 12 August, 2014
M.Cr.C. No. 6898/ 2 0 1 4
(Omkar @ Bhoore Sikarwar Vs. State of M.P.)
12/08/2014
Shri Atul Sharma, Advocate for the applicant.
Shri Rajeev Upadhyay, P. L. for the respondent/State.
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 apprehending their arrest in connection with crime No. 228/2014 registered at police station Hazira, District Gwalior for the offences punishable under Sections 323, 327, 294, 506B & 34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Further except offence 327 of IPC remaining offences are bailable. Moreover, the complainant Yadvendra Singh submitted his affidavit before the trial Court that the name of Gauri Yadav and Omkar i.e. applicant were not written by him in the FIR. On the aforesaid grounds learned counsel for the applicant has prayed for grant of anticipatory bail.
Learned counsel for the State opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
As alleged by the prosecution when the complainant Yadvendra Singh alongwith his friend was taking dinner at Vaishnav Dhaba, A.B. Road the applicant Omkar @ Bhoore Sikarwar and co- accused Gouri Yadav reached there and demanded some money for liquor. Consequently, dispute arose between them and injuries were caused to the complainant. However, the complainant Yadvendra himself has denied the allegations stated in the FIR against the M.Cr.C. No. 6898/ 2 0 1 4 applicant/accused in his affidavit which was tendered by him before the trial Court.
Considering the aforesaid facts and circumstances of the case, this application is allowed. It is hereby directed that in the event of arrest by the arresting officer or by Court, the applicant shall be released on bail on their furnishing personal bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with one solvent surety in like amount to the satisfaction of Arresting Authority.
This order shall remain operative subject to compliance of the following conditions by the applicants:-
1. The applicant shall comply with all the terms and conditions of the bond executed by him;
2. The applicant shall cooperate in the investigation/trial, as the case may be;
3. The applicant shall not indulge themselves in extending 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 the Police Officer, as the case may be;
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(M. K. Mudgal) Judge neetu