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Madhya Pradesh High Court

Romi vs The State Of Madhya Pradesh on 10 March, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-GWL:5618




                                                               1                            MCRC-55397-2024
                             IN        THE    HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                    ON THE 10 th OF MARCH, 2025
                                              MISC. CRIMINAL CASE No. 55397 of 2024
                                                            ROMI
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                          Appearance:
                                Shri Rajesh Kumar Shukla and Shri Kushagra Shukla - Advocates for
                          applicant.
                                Shri Yogesh Parashar - Public Prosecutor for the State.

                                                                 ORDER

This is first bail application filed by the applicant under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail relating to FIR/Crime No. 281/2024 registered at Police Station - Gormi, District Bhind for the offences punishable under Sections 105, 319(1) of the Bhartiya Nyay Sanhita, 2023 and Section 24 of M.P. Rajya Ayurvigyan Parishad Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the matter. As per prosecution case, when complainant Anil took her daughter to the clinic of Pitambra Medical, then the applicant instead of giving tablet had given injection to his daughter and due to which, his daughter Shivani died. It is submitted that in the postmortem report, nothing has been found which shows that any injection was given to the deceased. In the postmortem report, no definite opinion has been given about the cause of death. Even as per the viscera report, the ingredients of paracetamol and anti- bacterial substances have been found and nothing has been said in it. Applicant is Signature Not Verified Signed by: AMAN TIWARI Signing time: 3/10/2025 6:35:46 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:5618 2 MCRC-55397-2024 ready and willing to co-operate in the investigation and abide by all the terms and conditions as may be imposed by this Court. Conclusion of trial will take time. Upon these grounds, he prays for grant of anticipatory bail.

3. On the other hand, learned counsel for State opposed the bail application and prayed for dismissal of the bail application.

4. Heard the submissions and perused the case diary.

5. Considering the the totality of the facts and circumstances of the case, this Court finds it to be a fit case to enlarge the applicant on anticipatory bail. Therefore, without commenting on the merit of the case, the application is allowed.

6. It is directed that in the event of arrest, the applicant shall be enlarged on anticipatory bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting Officer/trial Court concerned for his appearance before him during the course of investigation or before the trial Court during course of trial, as the case may be, during the pendency of trial.

7. It is further directed that the applicant shall comply with the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(DWARKA DHISH BANSAL) JUDGE Aman Signature Not Verified Signed by: AMAN TIWARI Signing time: 3/10/2025 6:35:46 PM