Madhya Pradesh High Court
Veerendra vs The State Of Madhya Pradesh on 14 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.1951/2022
(VEERENDRA VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 14/01/2022
Shri Rajeev Sharma, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the 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, 307, 506 and 34 of I.P.C.
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 and 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 Jitendra Dangi also came on the spot and
THE HIGH COURT OF MADHYA PRADESH
MCRC No.1951/2022
(VEERENDRA VS. STATE OF M.P.)
assaulted the 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. 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.
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
subject to condition that if the applicant appears before the
Investigating Officer (Arresting Officer) on or before 21/01/2022, 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.1951/2022
(VEERENDRA VS. STATE OF M.P.)
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
21/01/2022, 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)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.01.14
15:35:24 -08'00'
