Madhya Pradesh High Court
Jakir Gouri vs The State Of Madhya Pradesh on 29 March, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 29th OF MARCH, 2022
MISC. CRIMINAL CASE No. 1602 of 2022
Between:-
JAKIR GOURI S/O SABIR GOURI , AGED ABOUT 42
YEAR S , OCCUPATION: EDITOR 205, SECTOR-E,
CHANDAN NAGAR, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHRIVASTAVA-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THRU. P.S. NALCHHA, (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI GOVIND PUROHIT-GOVT. ADVOCATE)
Th is application coming on for orders this day, the court passed the
following:
ORDER
This is the first application of the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No. 318/2021 registered at Police Station - Nalchha, District - Dhar for the offences under Sections 376, 450 and 506 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. It is further submitted that complainant has sworn an affidavit in favour of applicant and has denied the incident.
This Court had directed counsel for the State to verify the affidavit of the complainant.
Learned counsel for State on verification submits that affidavit has been verified and the statement of complainant has been recorded by the police and she has stated that she has sworn an affidavit in favour of the present applicant and if the applicant is granted bail, she has no objection.
Signature Not VerifiedDigitally signed by SAN MUKTACHANDRASHEKHA R KOUSHAL In view of aforesaid, since the complainant has sworn affidavit in favour of Date: 2022.03.29 17:40:20 IST the applicant denying the incident, I am of the view that applicant is entitled for 2 grant of anticipatory bail. Accordingly, the application is allowed.
It is directed that in the event of arrest, applicant- Jakir Gouri shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
It is made clear that in case if it is found that applicant has extended any kind of threatening to the complainant, this order shall stand cancelled without reference to the Court.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN MUKTA
CHANDRASHEKHA
R KOUSHAL
Date: 2022.03.29
17:40:20 IST