Madhya Pradesh High Court
Brajesh Dandotiya Alias Lala vs The State Of Madhya Pradesh Thr on 18 April, 2018
1 M.Cr.C.No.10058/2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.10058/2018
Brajesh Dandotiya alias Lala Vs. State of M.P.
Gwalior, Dated: 18.04.2018
Shri Sankalp Sharma, learned counsel for the
applicant-Brajesh Dandotiya.
Shri Vivek Bhargawa, learned Public Prosecutor for
respondent/State.
Appearing counsel for the parties heard on alleged first anticipatory bail application under Section 438 of Cr.P.C. before this Court filed by the applicant in relation to Crime No.0182/2018 registered at Police Station City Kotwali, District Morena in reference to offences punishable under Sections 353, 294 and 506 of the IPC and the produced case diary and annexed documents filed by the applicant are perused. Medical papers regarding treatment of applicant's father and copies of two different applications submitted by applicant on 24.02.2018 to Superintendent of Police Morena and SHO, Police Station City Kotwali, Morena have also been filed.
Applicant's anticipatory bail application under the same provision has already been dismissed by Sixth Additional Sessions Judge, Morena vide order dated 07.03.2018, whose certified copy is annexed with the application under consideration.
Learned counsel for the applicant contends that on 24.02.2018 when applicant with his father was proceeding for treatment, on way near over bridge 2 M.Cr.C.No.10058/2018 square, applicant's scooty was intercepted by Head constable (Traffic Police)-Aquib Baig and when applicant prayed that due to illness of his father, he be permitted to proceed, then Aquib Baig gave filthy abuses to him and his father and on this point, altercation occurred between applicant and Aquib Baig, and Aquib Baig slapped on applicant's cheek. On same day applicant gave written applications to S.P. Morena and Police Station City Kotwali Morena against Head Constable Aquib Baig, thereafter, Head Constable (Aquib Baig) of Police Station Traffic Morena lodged a false application on 24.02.2018, where on 25.02.2018 a false FIR has been registered against him and the application and FIR lodged by Head constable Aquib Baig is a counterblast to the applications given by applicant to police officials, hence, it is prayed that benefit of anticipatory bail be given to him.
Per contra, learned Public Prosecutor has opposed the prayer on the grounds that according to FIR and application filed by Head constable Aquib Baig at the time of incident petitioner was driving his Activa vehicle on wrong side and when he was warned by complainant- Aquib Baig, then applicant gave filthy abuses to him, then constable Dinesh intervened and the incident was recorded by Head Constable, hence it is prayed that petitioner's case is not fit for granting him benefit of anticipatory bail.
Considering the rival contentions of counsel for the parties, it appears that FIR against the applicant lodged on 25.02.2018 at 14:40hrs., whereas incident occurred on 24.02.2018, without commenting on the merits of the 3 M.Cr.C.No.10058/2018 case, it appears proper to give benefit of anticipatory bail to the applicant with stringent conditions. Accordingly, anticipatory bail application filed by the applicant is allowed and it is directed that in the event of his arrest in relation to above-mentioned offences, on his furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of same amount to the satisfaction of the Arresting Authority (Investigating Officer), applicant-Brajesh Dandotiya alias Lala be released on anticipatory bail with following conditions:-
1. Applicant will cooperate in investigation and will remain present at intimated place and time by investigating officer.
2. Applicant will not commit any offence in future,
3. Applicant will not try to influence prosecution witnesses of case in any manner.
Certified copy as per rules.
(Ashok Kumar Joshi) Judge Ashish* Digitally signed by ASHISH CHOURASIYA Date: 2018.04.19 18:36:13 +05'30'