Krishna vs The State Of Madhya Pradesh
2023 Latest Caselaw 1099 MP

                                        1

 IN THE          HIGH COURT              OF MADHYA PRADESH

                             AT I N D O R E
                                  BEFORE
              HON'BLE SHRI JUSTICE PRANAY VERMA

                    ON THE 18th OF JANUARY, 2023



               MISC. CRIMINAL CASE No. 57341 of 2022

BETWEEN:-
KRISHNA S/O SHRI PIYARELAL MANJE, AGED ABOUT 28
YEARS, OCCUPATION: BUSINESS 67, SHRIRAM NAGAR,
HAWA BUNGALOW DISTRICT INDORE (MADHYA
PRADESH)
                                                               .....APPLICANT
(SHRI DIGPAL SINGH RATHORE, LEARNED COUNSEL FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION STATION ROAD,
RAJENDRA NAGAR, DISTRICT INDORE. (MADHYA
PRADESH)
                                                            .....RESPONDENT
(SHRI GAURAV SINGH CHAUHAN, DEPUTY GOVT. ADVOCATE)
(NONE FOR THE OBJECTOR / VICTIM, THOUGH SERVED)
This application coming on for admission this day, the court passed the

following:

                                  ORDER

They are heard. Perused the case dairy/challan papers.

2. This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.844/2022, registered at Police Station Rajendra Nagar, Indore, for the offences punishable under Sections 323, 294, 506, 324

and 327 / 34 of IPC.

3. As per the prosecution, on 11.9.2022, the complainant Santosh along with his friends Rahul and Sunny was going to Rajendra Nagar. On receiving a call they stopped near a side road on Vaishnav Law College road and were talking. At that time co-accused Ranjeet along with his two friends arrived at the spot and demanded a sum of Rs.500/- for consumption of liquor and upon being denied started abusing the complainant. Applicant and co-accused caught hold of the complainant and Ranjeet stabbed him with a knife. Thereafter the complainant was taken to the hospital and upon lodging of the report investigation was commenced during the course of which the applicant has been implicated for the present offence.

4. Learned counsel for the applicant submits that the main accused in the case namely Ranjeet has already been acquitted by the trial Court itself by judgment dated 16.1.2023 passed in RCT No.10138 of 2022. The allegation against him was of assaulting the complainant with a knife and the only allegation against the applicant was of catching hold of the complainant. It is submitted that when the main accused in the case has already been acquitted, the applicant who is only alleged to have been present along with him and only having caught hold of the hand of the complainant deserves to be granted the benefit of anticipatory bail.

5. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to get the benefit of anticipatory bail.

6. I have heard learned counsel for the parties and have perused the case diary.

7. The main accused in the case namely Ranjeet who is alleged to have stabbed the complainant with a knife has been acquitted by Judicial Magistrate First Class, Indore by judgment dated 16.1.2023 passed in RCT No.10138 of

2022. He was alleged to have stabbed the complainant and the applicant is only alleged to have been present along with him and having caught hold of the hand of the complainant. Thus in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.

8. It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).

9. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Cr.P.C.

10. Accordingly, Miscellaneous Criminal Case No.57341/2022, stands allowed and disposed off.

Certified copy as per rules.

(PRANAY VERMA) JUDGE SS/-

Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 2023.01.18 17:24:52 +05'30'