Madhya Pradesh High Court
Rinku Choubey vs The State Of Madhya Pradesh on 31 July, 2015
M.Cr.C. No.6445/2015
31/07/2015 :-
Shri R. K. Awasthi, Advocate for the applicants.
Shri Vijay Sunderam, learned Panel Lawyer for
the respondent/State.
Heard.
Case diary perused.
This is first bail application filed by the applicant Rinku Choubey under Section 438 of Cr.P.C. The applicant is apprehending his arrest in connection with Crime No.07/2015 registered at Police Station AJK, District Datia for the offences punishable under Sections 323, 294, 506-B read with Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act, 1989.
As per prosecution case, complainant closed the "gool" of the applicant, on account of which when on 11.06.2015 at 01:00 PM, the complainant was in his house then Tinku Choubey, Rinku Choubey and Banmali Choubey came in the house of the complainant and gave abuse saying " dqEgjk okys "
why he closed the "gool". Tinku Choubey caught his collar and beaten him by fists and kicks and Banmali and Rinku also beaten the complainant by fists and kicks. When Smt. Vijay Kunwar, anti of the complainant, came to save him, Tinku pushed her.
It is submitted by the learned counsel for the applicant that applicant has not committed any offence. He has falsely been implicated and the co-accused Tinku Choubey and Banmali have been granted bail vide order dated 22.07.2015 passed in M.Cr.C. No.6844/2015 and the case of present applicant is identical to that of aforesaid co- accused. Hence, prayed for bail.
The prayer is opposed by learned Government Advocate for the respondent/State. Considering the allegation against the applicant and the fact that co-accused have already been granted anticipatory bail, this application is allowed. It is directed that in the event of arrest, the applicant shall be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with a surety bond in the like amount to the satisfaction of the Arresting Officer. The applicants shall make themselves available for interrogation by Police Officer concerned as and when required and they will cooperate in the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
C.C. as per rules.
(D.K. Paliwal) Judge @PK