Madhya Pradesh High Court
Jitendra Singh Dangi vs The State Of Madhya Pradesh on 28 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4577/2022
Jitendra Singh Dangi Vs. State of Madhya Pradesh
Through video conferencing
Gwalior, Dated: 28.01.2022
Shri Rajeev Sharma, Counsel for the applicant.
Shri C.P. Singh, Counsel for respondent/State.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been
filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.449/2021 registered at Police Station Kurwai, District Vidisha for
offence under Sections 294, 323, 506 and 34 of I.P.C, further added
Sec. 307 of IPC.
It is submitted by the Counsel for the applicant that according
to the prosecution case, on 06/11/2021 at about 7 pm, when the
complainant was going back to his house and reached in front of the
house of one Manoj Singh, he saw that his brother Ravi Dangi was
standing in front of the house of Manoj Singh. At that time, Rajendra
Dangi came on the spot and on account of old enmity he pushed Ravi
Dangi. When, the complainant asked Rajendra Dangi as to why he
has pushed Ravi Dangi, then Rajendra Dangi started abusing filthily.
It is alleged that when the complainant objected to it, then Rajendra
Dangi brought a Farsa and assaulted on the head of Ravi Dangi. At
that time, the brother of Rajendra Dangi namely the applicant and co-
accused Veerendra also came on the spot and assaulted the
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4577/2022
Jitendra Singh Dangi Vs. State of Madhya Pradesh
complainant and Ravi Dangi by Danda as a result Ravi Dangi
sustained injuries on his hands and legs also. It is submitted that in
fact the allegation of assaulting the complainant and Ravi Dangi are
false, no injury except on the head of Ravi Dangi was found. Even
the complainant had refused to undergo any medical examination.
The applicant has been falsely implicated only because he is the
brother of the main accused Rajendra Dangi. The applicant is ready
and willing to co-operate in the investigation. Co-accused Veerendra
has been granted bail by order dated 14.01.2022 passed in M.Cr.C.
No. 1951/2022 and the case of the applicant is identical to that of co-
accused Veerendra. 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. However, after going through the MLC of Ravi
Dangi, it is submitted that only one injury on his head was found and
he also conceded that the complainant had refused to undergo any
medical examination. It is further submitted that the applicant has a
criminal history and one more offence has been registered against
him.
Considering the allegations as well as considering the fact that
in view of the third wave of Covid-19 pandemic and without
commenting on the merits of the case, the application is allowed
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4577/2022
Jitendra Singh Dangi Vs. State of Madhya Pradesh
subject to condition that if the applicant appears before the
Investigating Officer (Arresting Officer) on or before 4th of
February, 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 likeamount 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 4th
of February, 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 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.
C.C. as per rules.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2022.01.28
16:51:39 +05'30'
