Seetaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 6668 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21761/2022 (SEETARAM VS. STATE OF M.P.)

Gwalior, Dated : 04/05/2022

Shri Vikram Singh Chauhan, 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.47/2022 registered at Police Station Ater, District Bhind for

offence under Sections 455, 294, 323, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant alongwith other co-accused

persons forcibly entered inside the hut of the complainant at 12 in the

night. It is alleged that co-accused Pansingh started abusing him due

to old enmity and he objected to it. It is alleged that Pansingh and

Ranjeet caught hold of his collar and assaulted him by Danda.

Ranjeet and other persons assaulted by fists and blows as a result he

sustained injury on his right leg and also sustained injury on his left

leg as well as back. After hearing his shouts his son Ramhet and

Raghvendra came on the spot. It is submitted that even if, the entire

allegations are accepted, except alleging that the applicant had also

entered inside the hut of the complainant, there is no allegation that

THE HIGH COURT OF MADHYA PRADESH MCRC No.21761/2022 (SEETARAM VS. STATE OF M.P.)

he had assaulted the complainant. Only one deep abrasion was found

on the right middle leg of the complainant, which was found to be of

simple in nature. The applicant has been falsely implicated. 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, it is fairly conceded that the

applicant has no criminal history.

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 11/05/2022, 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No.21761/2022 (SEETARAM VS. STATE OF M.P.)

It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

11/05/2022, 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: 2022.05.04
     16:33:53 -07'00'