Madhya Pradesh High Court
Rajkumar Singh @ Chote vs The State Of Madhya Pradesh on 9 September, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 9th OF SEPTEMBER, 2022
MCRC-42944-2022
BETWEEN:-
1. SHASHWAT SINGH S/O SHRI YADVENDRA
SINGH BUNDELA, AGED ABOUT 34 YEARS,
OCCUPATION: BUSINESS, R/O TAAL DARWAZA
TIKAMGARH TEHSIL AND DISTRICT
TIKAMGARH (MADHYA PRADESH)
2. ANSH SINGH BUNDELA (BHUMANYU SINGH)
S/O LATE SHRI SATENDRA SINGH BUNDELA,
AGED ABOUT 24 YEARS, OCCUPATION:
STUDENT R/O TAAL DARWAZA TIKAMGARH
TEHSIL AND DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI ANIL KHARE, SENIOR ADVOCATE ASSISTED BY SHRI
SUYASH MOHAN GURU AND SHRI SOURABH K. MULANI,
ADVOCATES)
AND
STATE OF MADHYA PRADESH THROUGH P.S.
KOTWALI TIKAMGARH, DISTRICT
TIKAMGARH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DILIP SHRIVASTAVA, GOVERNMENT ADVOCATE)
MISC. CRIMINAL CASE No. 42944 of 2022
BETWEEN:-
RAJKUMAR SINGH @ CHOTE S/O SHRI DEVI
SINGH GAUR, AGED ABOUT 26 YEARS,
OCCUPATION: AGRICULTURIST R/O WARD NO.
1, PURANI TEHRI TIKAMGARH DISTRICT
Signature Not Verified
TIKAMGARH (M.P.)
SAN
Digitally signed by RAGHVENDRA
SHARAN SHUKLA
.....APPLICANT
(BY SHRI DEEPAK SAHU, ADVOCATE)
Date: 2022.09.09 18:32:45 IST
2
AND
THE STATE OF MADHYA PRADESH THROUGH
THE POLICE STATION KOTWALI DISTRICT
TIKAMGARH (M.P.).
.....RESPONDENTS
(BY SHRI DILIP SHRIVASTAVA, GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
These are the first applications on behalf of the applicants under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
Applicants are apprehending their arrest in connection with Crime No. 607/2022 registered at Police Station Kotwali, District Tikamgarh for the offences punishable under Sections 147, 148, 149, 294, 323, 324, 188, 506, 326 and 307 of the Indian Penal Code and Section 123(i)(A)(B) of the Representation of Peoples Act, 1950.
Learned counsel for the applicant submits that there are other co-accused persons, who have been granted protection under Section 438 of the Code of Criminal Procedure and the case of the applicants is not distinguishable to that them. He submits that detailed reasons have been assigned by this Court while granting anticipatory bail to other co-accused persons in MCRC No. 36871/2022-Aakarsh Alias Golu Bundela and another vs. The State of Madhya Pradesh. He submits that the applicants are the workers of one political party and because of the political rivalry the leaders of the ruling party made complaint against the applicants. He submits that it was a complaint made Signature Not Verified on the false allegations. He submits that even no injuries sustained by the SAN complainant and on the basis of false allegations offences have been registered Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.09.09 18:32:45 IST against the applicants. He submits that considering the aforesaid, applicants 3 may be granted the benefit of Section 438 of Cr.P.C.
Per contra, learned counsel for the respondent-State has opposed the bail application and submits that the case of the applicants are not on the same footings to that of the co-accused persons, who have been granted anticipatory bail by this Court. He submits that the applicants are the main accused as they caused stab injuries to complainant on his right palm. He submits that there were other injuries also sustained by the complainant. He submits that the seizure has also to be made from the applicants because they caused injuries to the complainant by knife. He submits that considering the aforesaid, applicants are not entitled to be granted the benefit of anticipatory bail.
Considering the submission made by the learned counsel for the parties and after perusal of the order passed in MCRC No. 36871/2022 and the reasons assigned therein while granting bail to other co-accused persons, I am inclined to consider and allow this Application. Accordingly, it is allowed.
It is directed that in the event of arrest the applicants be released on bail upon their furnishing a bail bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) each with one solvent surety of the like amount each to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.
It is directed that applicants shall abide by the conditions enumerated in Section 438 (2) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI)
Signature Not Verified
SAN JUDGE
RAGHVENDRA
Digitally signed by RAGHVENDRA
SHARAN SHUKLA
Date: 2022.09.09 18:32:45 IST