Pulvendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3801 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.13409/2022 (PULVENDRA VS. STATE OF M.P.)

Gwalior, Dated : 16/03/2022

Shri P.S.Bhadauriya, learned counsel for the applicant.

Shri A.K.Nirankari, 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.84/2022 registered at Police Station Karera, District Shivpuri for

offence under Sections 323, 294, 506 and 327 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant is alleged to have demanded

Rs.300/- from the complainant and when it was refused by him, then he

was beaten. It is submitted that the allegation of demand of Rs.300/- is

false. Even according to the MLC simple injuries were found, which is

bailable. The applicant is ready and willing to co-operate in the

investigation. So far as the criminal antecedents of the applicant is

concerned, he has already been acquitted in a previously instituted case

at Crime No.203/2019 registered at Police Station Karera, District

Shivpuri for offence under Section 452, 323, 324, 294 and 34 of IPC.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.13409/2022 (PULVENDRA VS. STATE OF M.P.)

Counsel for the State.

Considering the facts and circumstances of the case 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 23/03/2022, 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

23/03/2022, 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.

Certified copy as per rules.

                                                                           (G.S. Ahluwalia)
Pj'S/-                                                                           Judge
   Digitally signed by
   PRINCEE BARAIYA
   Date: 2022.03.16
   17:07:02 -07'00'