Sohan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2253 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                             ON THE 8 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 6424 of 2023

                          BETWEEN:-
                          SOHAN S/O GULSINGH DAMOR, AGED ABOUT 39
                          Y E A R S , OCCUPATION: FARMER  R/O GRAM
                          GOLACHOTI JHABUA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI YASHRAJ GUPTA, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION JHABUA
                          DISTRICT JHABUA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI HITENDRA TRIPATHI, G.A.)

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

They are heard and perused the case diary.

This is the first application filed by the applicant under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.1500/2022 registered at Police Station - Jhabua, District -Jhabua (MP) for offence punishable under Sections 307, 341, 294 and 34 of the IPC.

The allegations against the applicant is that on 11.12.2022 at around 4.00 p.m. he along with the other co-accused accosted the injured Ramju and his

Signature Not Verified friend Pappu when they started abusing them. It is alleged against the present Signed by: BAHAR CHAWLA Signing time: 08-Feb-23 6:08:10 PM

applicant that he fired a gun shot on Ramju.

Learned counsel for the applicant has submitted that although the date of incident is said to be on 11.12.2022, however, the FIR in the present case has been lodged on 19.12.2022 and there is no cogent reason assigned for delay in lodging the FIR. Counsel has further submitted that the applicant has been falsely implicated in the case. It is also submitted that earlier the injured has falsely implicated the co-accused in certain similar offence which has already resulted in acquittal; the copy of the judgment passed in S.T. No. 9/2021 dated 04.08.2021 is placed on record. Under these circumstances, he prayed for grant of anticipatory bail.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions and on perusal of the case diary including the documents filed by the counsel for the applicant, this Court finds force with the contention advanced by the counsel for the applicant. In view of the same, the custodial interrogation of the applicant is not necessary. Accordingly, the application for anticipatory bail is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail, upon executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by a Police Officer, as and when required. The applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

With the aforesaid, this M.Cr.C. stands disposed of. Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 08-Feb-23 6:08:10 PM

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE Bahar

Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 08-Feb-23 6:08:10 PM