Ghyanshyam Das Rai vs The State Of Madhya Pradesh on 3 August, 2022

[Cites 5, Cited by 2]

Madhya Pradesh High Court

Ghyanshyam Das Rai vs The State Of Madhya Pradesh on 3 August, 2022

Bench: Vishal Dhagat

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                            ON THE 3rd OF AUGUST, 2022

                 MISC. CRIMINAL CASE No. 37816 of 2022

        Between:-
        GHYANSHYAM DAS RAI S/O ASHOK KUMAR
        RAI, AGED ABOUT 43 YEARS, OCCUPATION:
        BUSINESS R/O, 929, RANITAL ROAD, BADI
        EIDGAH, AGA CHOWK, DISTRICT- JABALPUR
        (M.P) (MADHYA PRADESH)

                                                              .....APPLICANT
        (BY SHRI MOHAMMAD ALI - ADVOCATE WITH SHRI HAMAD
        SAJID HUSSAIN - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH POLICE
        THROUGH    POLICE   STATION KOTWALI
        JABALPUR (MADHYA PRADESH)

                                                            .....RESPONDENT
        (BY SHRI C.K. MISHRA - GOVERNMENT ADVOCATE)

      This application has come up for hearing on this day, the court passed
the following:
                                     ORDER

This is second application under Section 438 of the Code of Criminal Procedure as applicant apprehending his arrest in connection with Crime No.83/2022 for the offences punishable under Sections 354, 354(A), 294, 323, 506/34 of the Indian Panel Code registered at Police Station-Kotwali Jabalpur, District-Jabalpur (M.P.).

First application was dismissed as withdrawn vide order dated 20.04.2022 passed in MCRC No.19205/2022.

Learned counsel appearing for applicant submitted that the applicant is 2 innocent and has falsely been implicated in the case. It is further submitted by him that co-accused in the case namely Suresh has been enlarged on bail vide order dated 15.07.2022. Case of applicant is similar to that of co-accused person. It is further submitted that prosecutrix has filed as many as four complaint. Applicant is fifth victim, therefore, he may be enlarged on bail.

Learned Government Advocate opposed the application for grant of anticipatory bail to the applicant.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, I find it a fit case where benefit of anticipatory bail can be granted to the applicant, hence, application is allowed. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicant-Ghanshyam Das Rai shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety and security in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his 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 applicant :

1. The applicant will comply with all the terms and conditions of the bond executed by him

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, 3 as the case may be;

4. The applicant shall not commit offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Station House Officer for compliance.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE shabana SHABANA ANSARI Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.08.03 16:19:30 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court