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Madhya Pradesh High Court

Ravi vs The State Of Madhya Pradesh on 23 July, 2019

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
          MISC. CRIMINAL CASE NO.30097 OF 2019
                (Ravi vs State of Madhya Pradesh)

Indore, Dated 23.07.2019
     Mr. Mukesh Sinjonia, learned counsel for the applicant.
     Mr. Yogesh Kumar Gupta, learned public prosecutor for
the non-applicant/State.
     Arguments heard.
                              ORDER

This is the first bail application filed by the applicant- Ravi under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.25/19 registered at Police Station-Kotwali, District-Ujjain (MP) for the offence punishable under Sections 294, 353, 506, 189, 34 of Indian Penal Code, 1860 and Section 3/4 of MP Doctors Protection Act, 2008 and Section 25(1-B) (A) of Arms Act, 1959.

As per prosecution case, the applicant along with two other persons entered into Government Hospital and asked the complainant who is a physician to treat him for Dog bite. The complainant told them to go and come on the next date for vaccination against the rabies disease. However, the applicant pressurized the complainant to give him adequate treatment then and there. The allegation against the applicant is that he pointed a fire arm upon the complainant Doctor. Accordingly, offence has been registered against them.

Learned counsel for the applicant submits that charge- sheet has since been filed in this matter and that no case under Section 307 IPC is made out against the applicant and it is not even a case of physical assault on the physician. He also submits that applicant is in jail since 19.02.2019 and that two co-accused persons have already been granted bail in this 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.30097 OF 2019 (Ravi vs State of Madhya Pradesh) matter. With these submissions, bail has been sought.

Learned public prosecutor for the non-applicant/State was also heard and he opposes the bail application.

Perused the case diary.

Considering the facts and circumstances of the case and after perusal of copy of charge-sheet and case diary, but without making any opinion on merits of the case, the application filed by the applicant-Ravi is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

It is also ordered that after passing of this order if any like natured case or any other case gets registered against the applicant, then bail granted to him shall be revoked automatically without further reference to the Court.

Let a copy of this order be sent to the Court concerned for compliance. Miscellaneous Criminal Case No.30097 of 2019 is allowed and stands disposed of.

Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-