Madhya Pradesh High Court
Brajesh Pathak vs The State Of Madhya Pradesh on 3 April, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:16148
1 MCRC-11579-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 3 rd OF APRIL, 2025
MISC. CRIMINAL CASE No. 11579 of 2025
BRAJESH PATHAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anoop K. Saxena - Advocate for the applicant.
Smt. Geeta Yadav - Govt. Advocate for respondent/ State.
Shri Sudeep K. Patel - Advocate for the objector.
ORDER
This is the first application filed by the applicant under Section 482 of BNSS, 2023 (Section 438 of CrPC, 1973 ) for grant of anticipatory bail relating to FIR No.32/2025, dated 10.02.2025, registered at Police Station Satai District Chhatarpur (M.P.) for commission of offence under Sections 331(4), 74, 75, 351(3) of BNS, 2023. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.
2. As per the prosecution story, on 10.2.2025 at 8.50 P.M., 30 years old prosecutrix submitted an application in writing before police stating that on 09.2.2025 at around 7.30 P.M. when she was cooking food in her house constructed at agricultural field and no one was in the house, Brajesh Pathak with whom her family has enmity came and caught hold her right hand, Signature Not Verified Signed by: DEEPA MISHRA Signing time: 04-04-2025 11:24:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:16148 2 MCRC-11579-2025 telling that he wanted to violate her. When she refused, he threated to do death. When she raised noise, her husband along with his elder brother, brother-in-law Bhajan Lal and Kailash Lal Patel reached there.
3. Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. It is submitted that earlier prosecutrix's husband and so called witnesses had assaulted him. On the basis of FIR lodged by him, they have been convicted for commission of offences under Section 341 and 323 of IPC by the Court of Judicial Magistrate First Class. It is further submitted that a false case was also got registered against him by the same party but he was acquitted by the trial Court as case was not proved against him. On account of that enmity, a false and baseless case has been got prepared. Therefore, it is prayed that applicant may be released on anticipatory bail.
4. On the other hand, learned counsel for the State as well as counsel for objector have opposed the prayer for grant of anticipatory bail to the applicant and have submitted that applicant has criminal background of one case and named complaint has been lodged.
5. Countering the allegation, it is submitted that applicant has already been acquitted in that case.
6 . Having taken into consideration the aforesaid submissions put forth by learned counsel for the parties, copies of judgment delivered by the trial Court and other material on record, but without commenting anything on the merit of the case, I am of the view that it is a case in which applicant Signature Not Verified Signed by: DEEPA MISHRA Signing time: 04-04-2025 11:24:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:16148 3 MCRC-11579-2025 may be released on anticipatory bail. Consequently, this anticipatory bail application under Section 482 of BNSS, 2023 (Section 438 of CrPC, 1973) filed on behalf of applicant stands allowed.
7. It is directed that in the event of arrest applicant - Brajesh Pathak 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 the Arresting Authority. At 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, if he is not arrested within seven working days from today by the police, he himself shall surrender before the Investigation Officer of the case within ten working days from today and shall extend full cooperation in investigation, failing which this order shall become ineffective.
(ii) Applicant shall make himself available for interrogation by a police officer as and when required;
(iii) Applicant is directed to join investigation, then and there;
(iv) 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 them from disclosing such facts to the Court or to any police officer.
8. However, it is being made clear that in case of bail jump and in Signature Not Verified Signed by: DEEPA MISHRA Signing time: 04-04-2025 11:24:41 NEUTRAL CITATION NO. 2025:MPHC-JBP:16148 4 MCRC-11579-2025 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.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 04-04-2025 11:24:41