Kallu Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 22389 MP

Madhya Pradesh High Court

Kallu Rawat vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 26 th OF DECEMBER, 2023
                                             (THROUGH VIDEO CONFERENCING)
                                           MISC. CRIMINAL CASE No. 56420 of 2023

                           BETWEEN:-
                           KALLU RAWAT S/O MAHENDRA RAWAT, AGED ABOUT
                           27 YEARS, R/O LUVKUSHNAGAR P.S. LUVKUSHNAGAR
                           DISTRICT CHHATARPUR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI SANKALP KOCHAR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI DISTRICT BALAGHAT (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (SHRI DILIP SHRIVASTAVA - GOVERNMENT ADVOCATE FOR THE STATE
                           AND SHRI RAMAN CHOUBEY - ADVOCATE FOR OBJECTOR)

                                  This application coming on for admission this day, the court passed the
                           following:
                                                                ORDER

Case diary is available.

2. This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

3. Ap p lic ant is apprehending his arrest in connection with Crime No.522/2023 registered at Police Station Luvkushnagar District Chhattarpur for offence under Sections 294, 323, 506, 458, 34 of the IPC.

4. It is submitted by counsel for the applicant that the allegation against the

applicant is that by entering in the rented premises of the complainant, the applicant and others assaulted Kuldeep and Rambabu causing bruises on different parts of their body. It is submitted that in- fact a liquor shop is being operated in colony which was causing nuisance, as a result the general public had also given a memorandum to the SDO for removal of the said shop. The applicant has no criminal history. The trial is likely to take sufficiently long time.

5. Per contra, application is vehemently opposed by counsel for the State. However, it is submitted by counsel for objector that the dispute arose on trivial issue and he has no objection in case if anticipatory bail is granted to the applicant.

6. Considering the totality of the facts and circumstances of the case coupled with the nature of injuries as well as statement made by counsel for objector, this Court is of considered opinion that application for grant of anticipatory bail can be allowed.

7. Accordingly, in case if the applicant appears before Investigating Officer on or before 05/01/2024 and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the concerned Investigating Officer, then she shall be released by the Investigating Officer.

8. It is made clear that in case if applicant fails to appear before the Investigating Officer on or before 05/01/2024, then this order shall lose its effect.

9. In the light of judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. Vs. State of M.P. passed on 18/03/2021 in Criminal Appeal No.329/2021, intimation regarding grant of bail be sent to the complainant.

10. The application succeeds and is allowed.

(G.S. AHLUWALIA) V. JUDGE pn