Ashish Dubey vs The State Of Madhya Pradesh on 11 November, 2022

[Cites 7, Cited by 0]

Madhya Pradesh High Court

Ashish Dubey vs The State Of Madhya Pradesh on 11 November, 2022

Bench: Sanjay Dwivedi

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                       ON THE 11th OF NOVEMBER, 2022

               MISC. CRIMINAL CASE No. 51831 of 2022

        BETWEEN:-
        ASHISH DUBEY S/O SHRI ISHWARDAS DUBEY,
        AGED    ABOUT   42   YEARS, OCCUPATION:
        FORMER POLICE STATION DAMOH DEHATE
        DISTRICT DAMOH (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI PRASHANT DUBEY, ADVOCATE)

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        THE POLICE STATION DAMOH DEHATE
        DISTRICT DAMOH (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SHRI L.A.S. BAGHEL, DEPUTY GOVERNMENT ADVOCATE )

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

This is the first application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.558/2022 registered at Police Station Damoh Dehat, District Damoh, for the offence punishable under Sections 294, 323, 506, 325 and 326 of the Indian Penal Code.

Learned counsel for the applicant submits that the applicant had assaulted his real brother (complainant) with the help of a brick and because of the same, he sustained fracture on his frontal bone. He submits that the applicant and complainant are residing in the same house and the incident occurred in a 2 sudden as there was no premeditation and, therefore, offence under Section 326 of the IPC is not made out against the applicant. On these submissions, he prays that the applicant may be granted the benefit of anticipatory bail.

On the other hand, learned Deputy Government Advocate has opposed the prayer of anticipatory bail.

Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am inclined to grant benefit of anticipatory bail to the applicant. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2022.11.11 19:04:42 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court