Devvrath vs The State Of Madhya Pradesh on 28 October, 2022

[Cites 6, Cited by 1]

Madhya Pradesh High Court

Devvrath vs The State Of Madhya Pradesh on 28 October, 2022

Bench: Dinesh Kumar Paliwal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 28th OF OCTOBER, 2022

                                         MISC. CRIMINAL CASE No. 48179 of 2022

                                  BETWEEN:-
                                  DEVVRATH S/O OM PRAKASH ADJARIYA, AGED
                                  ABOUT 35 YEARS, R/O KUDAAR. P.S. SENDARI,
                                  DISTRICT NIWARI (M.P.) (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                  (BY SHRI VISHAL DANIEL, ADVOCATE )

                                  AND
                                  THE STATE OF MADHYA PRADESH THROUGH
                                  POLICE   STATION    SENDARI   DISTRICT
                                  TIKAMGARH (M.P.) (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                  (BY SHRI ALOK AGNIHOTRI, DEPUTY GOVERNMENT
                                  ADVOCATE )

                               This application coming on for admission this day, the court passed the
                         following:
                                                               ORDER

This first application under Section 438 of Cr.P.C. has been filed on behalf of the applicant-Devvrath for grant of anticipatory bail.

Applicant apprehending his arrest in connection with Crime No. 42/2022 registered at Police Station - Sendari, District -Tikamgarh (MP) for commission of the offences punishable under Sections 308 and 336 of IPC has knocked the portal of this Court for grant of anticipatory bail.

As per the prosecution story on 08.02.2022, Ravindra Kushwaha, who had sustained gunshot injury was found admitted in hospital, in his statement he stated that on 06.02.2022 at around 07:00 P.M. Devvrath Adjariya, resident of Signature Not Verified Signed by: BIJU BABY Signing time: 10/29/2022 12:20:18 PM 2 village Kudar with an intention to commit suicide fired a gunshot towards himself as he was sitting by the side of Devvrath so he also sustained gunshot injury as the bullet after piercing in the body of Devvrath entered into his stomach. It was further stated that Devvrath had not fired any gunshot towards him. Later Devvrath Adjariya too was found admitted in the hospital at Gwalior. After enquiry, an offence under Sections 308 and 338 of IPC was registered and now charge-sheet has been filed. In his statement under Section 161 of Cr.P.C., Revindra Kushwaha has further stated that Punit and Pankaj Tiwari never assaulted Devvrath and he had not seen anyone at place of occurrence except Devvrath.

Learned counsel for the applicant has submitted that no offence under Section 308 of IPC is made out, at the most an offence under Section 338 of the IPC is made out. It is submitted that even if it is assumed that injured Devvrath attempted to commit suicide an offence under Section 309 of IPC is made out and maximum punishment for that offence is RI for 1 year and same is bailable. It is also submitted that applicant has apprehension that at the time of filing of charge-sheet he may be committed to jail though maximum punishment under Section 308 of IPC is 7 years but the same is non-bailable. Therefore, it has been prayed that applicant/accused be released on anticipatory bail.

On the other hand, learned counsel for the State has opposed the grant of anticipatory bail to the applicant-accused.

I have gone through the statement of Ravindra Kushwaha, medical evidence and other material avaialble on record. Without expressing any opinion on the merits of the case, I am of the view that it is a case in which applicant/accused may be released on anticipatory bail.

Signature Not Verified Signed by: BIJU BABY Signing time: 10/29/2022 12:20:18 PM 3

Consequently, this first anticipatory bail application filed on behalf of applicant is allowed.

It is directed that in the event of arrest applicant-Devvrath be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of t h e Arresting Authority. At the stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to its satisfaction subject to following conditions:-

(i) Applicant shall make himself available for interrogation by a police officer as and when required;

(ii) Applicant shall not, directly or indirectly, make any 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 any police officer;

(iii) He is directed to join investigation and to surrender before the investigation officer of the case or trial Court within 15 days (Fifteen days) from today failing which this order shall become in operative.

However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/trial Court shall be at liberty to proceed against the applicant as per law.

C.C. as per rules.

(DINESH KUMAR PALIWAL) JUDGE kundan Signature Not Verified Signed by: BIJU BABY Signing time: 10/29/2022 12:20:18 PM

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