Madhya Pradesh High Court
Dinesh Kumar vs The State Of Madhya Pradesh on 1 December, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 1 st OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 51940 of 2023
BETWEEN:-
DINESH KUMAR S/O SHRI JAGANNATH, AGED ABOUT
35 YEARS, OCCUPATION: PRIVATE SERVICE 43
RATANPUR SADAK MISROD HUZUR DISTRICT BHOPAL
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAVENDRA SHUKLA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BAIRAGARH DISTRCT BHOPAL (MADHYA
PRADESH)
.....RESPONDENT
(BY MS. PRIYANKA MISHRA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application for grant of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 on behalf of the applicant who is apprehending his arrest in connection with Crime No.344/2023 registered at Police Station Bairagarh, district Bhopal, for the offences punishable under Sections 376, 376(2)(N), 376 (D), 323, 506, 34 of IPC.
2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. There is no likelihood o f his absconding or tampering with prosecution evidence. The applicant is Signature Not Verified Signed by: POONAM MANEKAR Signing time: 12/2/2023 12:50:58 PM 2 willing and ready to abide by all the directions and conditions to be imposed by this Court. He also submits that the trial would take considerable time. Therefore, prayer has been made to enlarge the applicant on anticipatory bail.
3. Learned counsel for the State has opposed the prayer for grant of anticipatory bail.
4. Heard learned counsel for the parties and perused the case diary.
5. This anticipatory bail application has been argued on the ground of parity that anticipatory bail application of co-accused persons namely Yogesh Rajput and Saddam Gandhi have been allowed under M.Cr.C. Nos.43521/2023 & 48870/2023. The act of applicant is similar in nature.
6. Considering the fact of parity, the anticipatory bail application is allowed.
7. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, he shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for his regular appearance before the Police/Arresting Officer during the investigation or before the Court during trial.
8. It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which this order shall automatically stand cancelled without further reference to the Court.
9. Accordingly, the M.Cr.C stands allowed and disposed of.
(ANURADHA SHUKLA) JUDGE pnm Signature Not Verified Signed by: POONAM MANEKAR Signing time: 12/2/2023 12:50:58 PM 3 Signature Not Verified Signed by: POONAM MANEKAR Signing time: 12/2/2023 12:50:58 PM