Madhya Pradesh High Court
Subhash Pandey vs The State Of Madhya Pradesh on 28 August, 2019
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-34642-2019
The High Court Of Madhya Pradesh
MCRC-34642-2019
(SUBHASH PANDEY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-08-2019
Shri Anoop Saxena, learned counsel for the applicant.
Ms. Anjana Kurariya, learned Govt. Advocate for the respondent-State.
Heard.
This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure.
The applicant is apprehending his arrest in connection with Crime No.468/2019 registered at Police Station City Kotwali Chhatarpur, District Chhatarpur (M.P.), for the offence punishable under Sections 294, 323, 458, 506, 34 of IPC.
A s per prosecution case, on 3.7.2019, when complainant, namely, Megha Pandey was in her house, at that time, accused/ applicant and his father entered into her house, abused filthy language, threatened her and inflicted injuries by kicks and fists. FIR was lodged on 31.7.2019 by the complainant against the accused/applicant in the concerned Police Station for the aforesaid offence.
Learned counsel for the applicant submits that the applicant is innocent person and has falsely been implicated in this case. He is student of Bachelor of Computer Application. There is no criminal antecedent against the applicant. There is no probability of his absconding or tampering with the prosecution evidence. Actually, husband of the complainant demanded Rs.2,000/- from father of applicant for consuming liquor and when his father refused, then husband of complainant Vinod Pandey inflicted injury and his father lodged a report on 31.7.2019. As a counter blast, present FIR was lodged. He prays for grant of bail to the applicant.
Per-contra, learned P.L. for respondent-State opposes the bail application.
Considering the contention of both the learned counsel and looking to the whole facts and circumstances of the case, the fact that applicant is student of Bachelor of Computer Application, without expressing any opinion on merits of the case, I am of t h e considered view that it would be appropriate to enlarge the applicant on Digitally signed by ASHWANI PRAJAPATI Date: 28/08/2019 18:33:25 2 MCRC-34642-2019 anticipatory bail. Consequently, the application under Section 438 of Cr.P.C. is hereby allowed.
It is directed that applicant-Subhash Pandey will surrender himself before Investigating Officer within ten days' from the date of receipt of certified copy of this order and then in the event of arrest, he be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority.
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub- section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 28/08/2019 18:33:25