Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6281 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-20927-2022
                  Dinesh Vs. State of MP

Gwalior, Dated: 27.04.2022

      Shri J.P. Mishra, Counsel for the applicant.

      Shri Rohit Mishra, Additional Advocate General for the State.

      Case Diary is available.

      This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.545/2020 registered at Police Station Ganjbasoda Distt. Vidisha

for offence under Sections 294, 323, 324, 327, 452, 506, 34 and 326

(enhanced) of IPC.

      It is submitted by the counsel for the applicant that name of the

applicant was not mentioned in the FIR. The applicant is ready and

willing to co-operate with the investigation. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution witnesses.

      Per contra, the application is vehemently opposed by the

Counsel for the State. By referring to the statement of the injured, it

is submitted that the injured has clarified that since earlier he was

semi-unconscious, therefore, he had wrongly narrated the name of the

applicant as Chhotu Raghuvanshi, whereas he is Dinesh Rajput.

      In reply, it is submitted by the counsel for the applicant that in

case, if the explanation given by the complainant is accepted, then it
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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC-20927-2022
                   Dinesh Vs. State of MP

is clear that the entire FIR itself is in doubt as the complainant

himself is claiming that he was in semi-unconscious condition and

was not able to understand the correct things.

      Considering the fact that the name of the applicant was not

mentioned in the FIR and whether the explanation given by the

complainant at a later stage is worth acceptance or not, is yet to be

decided by the Trial Court and without commenting on the merits of

the case, the application is allowed subject to condition that if the

applicant appears before the Investigating Officer (Arresting Officer)

on or before 04.05.2022, he shall be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One

Lac) with one surety in the like amount to the satisfaction of the

Arresting Officer (Investigating Officer).

      The applicant shall make himself available for interrogation by

the Investigating 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.

      It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

04.05.2022

, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

THE HIGH COURT OF MADHYA PRADESH MCRC-20927-2022 Dinesh Vs. State of MP

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.04.27 16:35:25 +05'30'