Nepal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 659 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1680/2022 (NEPAL SINGH AND OTHERS Vs THE STATE OF M.P.)

Through Video Conferencing

Gwalior, Dated : 13/01/2022

Shri Ankush Jain, Counsel for the applicants.

Shri A.K. Nirankari, Counsel for State.

Case diary is available.

This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime

No.338/2019 registered at Police Station - Chanderi, District Ashok

Nagar for offence punishable under Sections 324, 323, 294, 325, 34 of

IPC.

It is submitted by the Counsel for the applicants that according

to the prosecution case, on 26.06.2019 at about 11:00 am, the

complainant met with applicants No.1 & 2 who on account of

previous enmity started abusing him. When the complainant objected

to it, then applicant No.1 tried to catch hold of him. The applicant

No.2 assaulted by means of an axe on his left hand fingers. When he

raised an alarm then his wife also came out of her house. When wife

of complainant tried to intervene in the matter, then it is alleged that

applicant No.3 picked up a stone and caused an injury on the right

hand of his wife. It is submitted that so far as applicant No.1 is

concerned, there is no allegation of any assault against him. Similarly,

so far as applicant No.3 is concerned, She is a lady and the only

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1680/2022 (NEPAL SINGH AND OTHERS Vs THE STATE OF M.P.)

allegation is that she picked up a stone lying on the ground and caused

injury to the wife of complainant. The wife of complainant has not

suffered any grievous injury. No bony injury has been sustained by

her. So far as the bail application of applicant No.2-Golu Yadav is

concerned, in view of the allegation that he caused injury on the

fingers of left hand of the complainant which also resulted in fracture,

it is submitted that he may be permitted to withdraw the application

filed on behalf of applicant No.2-Golu Yadav. However, it is further

submitted that the bail application filed on behalf of applicants No.1

& 3 may be considered. They are ready and willing to cooperate in the

investigation. The trial is likely to take sufficiently long time and there

is no possibility of their absconding or tampering with prosecution

case.

Per Contra, the application is opposed by the State Counsel.

However, after going through the Police case diary, it is submitted that

there is no allegation of causing any grievous injury against the

applicants No.1 & 3.

Considering the totality of the facts and circumstances of the

case and without commenting on the merits of the case, the

application filed by applicant No.1-Nepal Singh & applicant No.3-

Pravesh Bai is allowed subject to condition that if the applicants

No.1 & 3 appear before the Investigating Officer (Arresting Officer)

on or before 20.01.2022, they shall be released on bail on their

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1680/2022 (NEPAL SINGH AND OTHERS Vs THE STATE OF M.P.)

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

Lac Only) each with one surety each in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicants No.1 & 3 shall make themselves available for

interrogation by the Investigating Officer as and when required. They

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 applicants No.1 & 3 fail to

appear before the Investigating Officer (Arresting Authority) on or

before 20.01.2022, then this order shall lose its effect and the

Investigating Officer shall be at liberty to take them in custody.

So far as the bail application filed on behalf of applicant No.2-

Golu Yadav is concerned, the same is dismissed as withdrawn.

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.

CC as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.01.13 16:50:52 +05'30'