Madhya Pradesh High Court
Bhupendra vs The State Of Madhya Pradesh on 17 June, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 17th OF JUNE, 2022
MISCELLANEOUS CRIMINAL CASE NO.27459 OF 2022
Between:-
BHUPENDRA S/O RAM VILAS
DHAKAD, AGED 36 YEARS,
OCCUPATION- AGRICULTURIST,
R/O VILLAGE HATIPURA AT
PRESENT OLD VEGETABLE
MARKET GAS AGENCY OFFICE
OPPOSITE DHAKAD MOHALLA,
POLICE STATION- KAILARAS,
DISTRICT- MORENA (MADHYA
PRADESH)
........APPLICANT
(BY SHRI R.K. SHARMA- SENIOR ADVOCATE WITH SHRI
V.K. AGRAWAL- ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION-
GOLE KA MANDIR, DISTRICT-
GWALIOR (MADHYA PRADESH)
........RESPONDENT
(BY SHRI RAJEEV UPADHAYAY- PUBLIC PROSECUTOR
AND SHRI YASH SHARMA- ADVOCATE FOR THE
COMPLAINANT)
----------------------------------------------------------------------------------------
2
This application coming on for hearing this day, the Court passed
the following:
ORDER
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed
for grant of bail.
The applicant has been arrested on 31/05/2022 in connection with
Crime No.178/2022 registered at Police Station- Kailaras, District-
Morena (M.P.) for offence under Sections 365, 452, 354, 354-A, 323,
294, 506-B and 34 of IPC and Section 11/13 of MDPVPK Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, on 17.04.2022 the prosecutrix/complainant lodged
an FIR on the allegations that at about 09:45 AM, the applicant and co-
accused- Ashish Dhakad came to her house and started beating her son.
When she tried to rescue him, she was also beaten by the present
applicant- Bhupendra and co-accused- Ramlakhan. Thereafter, they took
her and her son in a car to Rijhoni Road. On the way, co-accused
Ramlakhan outraged her modesty by pressing her breast and after they
received an information that the police has reached on the spot, the
complainant and her son were thrown out of the car. It is submitted that
the allegations are false. From the MLC of the complainant as well as her
son, it is clear that the complainant sustained only one swelling on tip of
middle finger of left hand and had also complained of pain in right knee,
but no external injury was seen and the son of the complainant had
suffered one contusion over left forearm and one abrasion over right ear.
Thus, the allegation that they were badly beaten by the co-accused-
Ashish Dhakad and co-accused persons is belied by the medical
evidence. It is further submitted that the applicant is in jail from
31/05/2022. The Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution case.
This Court by order dated 12/05/2022 passed in MCRC No.23779/2022
has granted bail to the co-accused- Ashish Dhakad.
Per contra, the application is vehemently opposed by the counsel
for the State.
Considering the facts and circumstances of the case, without
commenting on the merits of the case, the application is allowed. It is
directed that the applicant be released on bail on 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 Trial Court/Committal Court to
appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of
bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding
grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. AHLUWALIA)
JUDGE
Abhi
ABHISHEK
CHATURVEDI
2022.06.20
20:32:58
+05'30'
