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[Cites 8, Cited by 1]

Madhya Pradesh High Court

Motilal Rajput vs The State Of Madhya Pradesh on 25 August, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                        1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                              ON THE 25th OF AUGUST, 2022

                                                    MISC. CRIMINAL CASE No. 30805 of 2022

                                             Between:-
                                             MOTILAL RAJPUT S/O SHRI RAJARAM RAJPUT,
                                             AGED    ABOUT   56   YEARS, R/O VILLAGE
                                             DOTKHEDA, TEHSIL GOHARGANJ, DISTRICT
                                             RAISEN (M.P.)

                                                                                                      .....APPLICANT
                                             (SHRI MANISH DATT SENIOR ADVOCATE WITH SHRI H.A.SAIFY,
                                             ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH THROUGH
                                             POLICE STATION OBEDULLAGANJ DISTRICT
                                             RAISEN (M.P.)

                                                                                                  .....RESPONDENTS
                                             (SHRI D.K.PAROHA, GOVERNMENT ADVOCATE AND                     SHRI
                                             SANKALP KOCHAR, ADVOCATE FOR OBJECTOR )

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

T his is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.196/2022, registered at Police Station-Obedullaganj, District-Raisen(M.P.) for offences punishable under Sections 457, 354, 354C, 506, 376, 376(2)(N) and 450 of Indian Penal Code.

Learned counsel appearing for the applicant submitted that there is Signature Not Verified SAN dispute between family of applicant and prosecutrix, therefore, false case has Digitally signed by SARSWATI MEHRA Date: 2022.08.26 12:04:08 IST been registered against applicant. On the other hand one Ratan Singh Rajput has 2 also filed an application for grant of anticipatory bail. Counsel appearing in that case submitted that complainant in the case is daughter-in-law of applicant- Motilal Rajput. She had filed false complaint against the applicant so that applicant may get bail in the case. Both the parties are making allegations against each other of false cases. Prosecutrix in both the cases are major and house wife. Admittedly, there is dispute between families of applicant Motilal Rajput and Ratan Sing Rajput, therefore, applicant may be granted anticipatory bail.

Government Advocate appearing for the State opposed the application for grant of bail.

Heard the counsel for the parties.

Considering the aforesaid facts and circumstances, application filed by applicant for grant of anticipatory bail is allowed.

It is ordered that in the event of arrest of applicant in connection with aforesaid crime number and the offence, on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of t h e Investigating Officer/Arresting Authority, applicant shall be released on anticipatory bail on condition that applicant will cooperate in investigation/trial of the case and will appear before Investigating Officer/trial Court, as and when required.

Applicant will further abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

Signature Not Verified SAN

(VISHAL DHAGAT) Digitally signed by SARSWATI MEHRA JUDGE Date: 2022.08.26 12:04:08 IST sm 3 Signature Not Verified SAN Digitally signed by SARSWATI MEHRA Date: 2022.08.26 12:04:08 IST