Madhya Pradesh High Court
Keshav Prasad vs The State Of Madhya Pradesh on 3 January, 2019
1 MCRC-51892-2018
The High Court Of Madhya Pradesh
MCRC-51892-2018
(KESHAV PRASAD Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-01-2019
Shri Sanjay Kumar Sharma, learned counsel for the applicants.
Smt. Shobhana Sharma, learned P.L. for the respondent/State.
Heard with the aid of case diary.
This is first application filed by applicants Keshav Prasad and Manish Sharma under Section 438 of the Cr.P.C. as the applicants apprehend their arrest in connection with Crime No.269/2018 registered at Police Station Jabera, District Damoh for the offence punishable under Sections 294, 323, 452, 506/34 of the IPC.
As per prosecution case on 23/09/2018 at 10:00 P.M. applicant Manish Sharma and co-accused Hemant @ Pinku armed with Axe, co-accused Tinku @ Ashish Armed with stick and applicant Keshav came to the house of complainant Tinku Tiwari situated near to Khermai Temple, Jabera, Distt. Damoh and abused him and also assaulted him. When mother of the complainant Smt. Sandhya Tiwari, Lakshmi Tiwari and Amit Tiwari came to rescue him, applicants and co-accused also assaulted them by kicks and fists and threatened them to kill.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the crime. On the date of incident i.e. 23/09/2018 complainant Tinku Tiwari, Amit Tiwari and Sourabh Tiwari assaulted Hemant @ Tinku and his mother, who lodged the report at Police Station Jabera against the complainant Tinku Tiwari, Amit Tiwari & Sourabh Tiwari, which was registered at Crime No.267/2018 for the offence punishable under Sections 323, 324, 452, 294, 506, 34 of the IPC and due to that as a counter blast complainant lodged false report against the applicants. The applicants are ready to cooperate in the investigation, hence learned counsel prayed for release of the applicants on anticipatory bail. He has also filed a copy of F.I.R. registered at Police Station Jabera, District Damoh at Crime No.267/2018.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available against the applicants to connect them with the offence in question, so they should not be released on anticipatory bail.
After hearing learned counsel for the parties, considering the overall facts and totality of the circumstances, without commenting on the merits of the case the application is allowed and it is directed that in the event of arrest by the Police in the aforesaid case, the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Digitally signed by ANURAG SONI Date: 04/01/2019 11:13:28 2 MCRC-51892-2018 Thousand Only) each with one surety each in the like amount to the satisfaction of the Arresting Officer for their regular appearance before the Police during the investigation or before the Court during trial.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
C.C. as per rules.
(RAJEEV KUMAR DUBEY) JUDGE as Digitally signed by ANURAG SONI Date: 04/01/2019 11:13:28