Sonu vs The State Of Madhya Pradesh
2023 Latest Caselaw 741 MP

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                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 12 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 62129 of 2022

                          BETWEEN:-
                          SONU S/O RAJALAL YADAV, AGED ABOUT 19 YEARS,
                          OCCUPATION: AGRICULTURE, VILLAGE BANMORE
                          POLICE STATION KACHNAR, DISTRICT ASHOK NAGAR
                          (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (SHRI BRAJESH KUMAR TYAGI, LEARNED COUNSEL FOR THE
                          APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH SHO POLICE STATION KACHNAR,
                          DISTRICT ASHOK NAGAR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          ( SHRI SUSHANT TIWARI - LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE AND SHRI MAYANK PATHAK, LEARNED COUNSEL FOR THE
                          COMPLAINANT)

                                This application coming on for hearing this day, the court passed the

                          following:
                                                                ORDER

This is Firs t application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.288 of 2022 (wrongly mentioned as Crime No.228 of 2022) registered at Police Station Kachnar, District Ashok Nagar (MP) for offence punishable under Sections 294, 323, 324, 506, 34 of IPC and added Section 326 of IPC.

Prosecution case, in short, is that complainant Jasram Yadav lodged a Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/13/2023 11:19:46 AM

dehati nalishi at Police Chowk Kachnar against the present applicant and other co-accused stating therein that on 06-11-2022 he was coming from his field to his house. When he reached near a culvert, the co-accused Golu Yadav along with applicant- accused Sonu Yadav met him and told him as to why he is pressurizing them to compromise the matter. When he denied to this, accused Sonu Yadav abused him and inflicted a lathi blow and co- accused Golu Yadav also inflicted injury by means of axe. On the basis of which, Crime No.288 of 2022 has been registered against the applicant along with co-accused for offence under Sections 294, 323, 324, 506, 34 of IPC and complainant Jasram was sent for medical examination. The left hand index finger of complainant

was found cut during medical examination and in X-ray also, the index finger was found missing, therefore, offence under Section 326 of IPC has been added.

Prior to the aforesaid incident, from the side of accused, an FIR bearing Crime No.287 of 2022 was registered at the same Police Station against the complainant party with an allegation that on 06-11-2022 at around 07:00 in the evening victim Monika wife of present applicant Golu Yadav had gone to the backside of her house for attending the call of nature. At that time. Bablu Yadav and Udaybhan Yadav (brother of injured Jasram Yadav) came there. Bablu Yadav torn her blouse and Udaybhan with bad intention caught hold of her both hands. On hearing her cries, her mother-in-law came there but Udaybhan pushed her mother-in-law due to which she fell down on the ground. On raising hue and cry, when brother-in-law of victim Sonu reached there, both Bablu and Udaybhan committed marpeet with him and fled away from the place of occurrence by giving a threat that if they lodge the report, they will kill them. On

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/13/2023 11:19:46 AM

the basis of aforesaid, Crime No.287 of 2022 for offence under Sections 354, 323, 294, 506, 34 of IPC has been registered against the complainant party.

Learned counsel for the applicant submits that complainant Jasram Yadav (accused therein) along with three co-accused have been convicted by the Court of JMFC, Ashok Nagar vide judgment dated 8th February, 2022 in connection with Crime No.131 of 2016 registered by Munni Devi, mother of Sonu. The complainant party were pressurized the accused party for compromise the matter and because of this case, the present false FIR has been registered against the applicant and co-accused. There is no possibility of absconding or tampering with the prosecution case and the applicant is ready to abide by the conditions as may be imposed by this Court. The applicant undertakes to cooperate in investigation/trial. On such premises, learned counsel for the applicant prayed for anticipatory bail.

Learned Public Prosecutor as well as complainant opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary. Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, applicant be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty Five Thousand only) with

one solvent surety of the like amount to the satisfaction of the Arresting Authority/Investigating Officer.

The applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

With the aforesaid, the present application stands disposed of. Certified copy as per rules.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/13/2023 11:19:46 AM

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 1/13/2023 11:19:46 AM