Madhya Pradesh High Court
Tejpal Kushwah vs The State Of Madhya Pradesh on 14 January, 2016
1
M.Cr.C.No.402/2016
Tejpal Kushwah & Anr. Vs. State of M.P.
14.01.2016
Shri Rakesh Kumar Dwivedi, counsel for the applicant.
Shri Kamal Jain, Public Prosecutor for the
respondent/State.
Heard the learned counsel for the parties. Learned counsel for the applicants prays to withdraw the application filed under Section 438 of Cr.P.C. for applicant No.2 -Ramvir Baghel because he is arrested.
Accordingly, the application filed by applicant No.2
-Ramvir Baghel is hereby dismissed being infructuous.
Applicant No.1 -Tejpal Kushah is apprehending his arrest in connection with Crime No.340/2015 registered at Police Station Bamore District Morena for the offence punishable under Sections 452, 294, 323, 147, 148, 149 added section 326/459 of IPC.
Learned counsel for the applicant submits that the applicant is a youth of 28 years of age who has no criminal past alleged against him. Initially the case was registered of offence punishable under sections 452, 294, 323, 147, 148, 149 of IPC and thereafter section 326/459 of IPC was added. The prosecution story alleges assault was done by the 2 M.Cr.C.No.402/2016 applicant along with other co-accused after entering into the house and prima facie no offence punishable under section 459 of IPC is made out. Similarly, it is alleged against the co- accused Ajmer Singh that he gave blow of Sabbal on the mouth of the victim Chameli Bai whose two teeth were broken. The applicant was not aware that the co-accused Ajmer Singh would assault the victim in such a manner and would cause such an injury to her. No common intention of the present applicant can be presumed with the co-accused Ajmer Singh, therefore, prima facie no offence under section 326 of IPC is made out against the applicant either directly or with the help of Section 34 and 149 of IPC. Co-accused Jabar Singh has been released on bail vide order dated 07- 01-2016 in M.Cr.C.No.13800/2015. Under these circumstances, applicant prays for anticipatory bail on the ground of parity.
Learned Public Prosecutor for the State and counsel for the objector oppose the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicant. Consequently this 3 M.Cr.C.No.402/2016 application of applicant under Section 438, Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant Tejpal Kushwah shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with a solvent surety of the like amount to the satisfaction of the Arresting Authority.
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(N.K. Gupta) Judge Anil*