Lalu @Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 7639 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                ON THE 10 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 19662 of 2023

                          BETWEEN:-
                          1.    LALU @ANIL S/O SHRI ANIRUDHA SINGH, AGED
                                ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST
                                R/O VILLAGE KUKWARA, P.S. AND TEH. KESALI,
                                DISTT. SAGAR (M.P.) (MADHYA PRADESH)

                          2.    DHARAMRAJ S/O LATE SHRI BALRAM SINGH,
                                AGED ABOUT 52 YEARS, OCCUPATION: CASTE
                                DANGI AGRICULTURIST R/O VILLAGE KUKWARA
                                P.S. AND TEHSIL KESALI DISTRICT SAGAR
                                (MADHYA PRADESH)

                          3.    MAHENDRA S/O SHRI MULAYAM SINGH, AGED
                                ABOUT 24 YEARS, OCCUPATION: CASTE DANGI
                                AGRICULTURIST R/O VILLAGE KUKWARA P.S.
                                AND TEHSIL KESALI DISTRICT SAGAR (MADHYA
                                PRADESH)

                          4.    SHIVRAJ S/O SHRI RAMSWAROOP, AGED ABOUT
                                32    YEARS, OCCUPATION: CASTE RAJPUT
                                AGRICULTURIST R/O VILLAGE RAMKHEDI P.S.
                                AND TEHSIL KESALI DISTRICT SAGAR (MADHYA
                                PRADESH)

                                                                                      .....APPLICANTS
                          (BY SHRI KULDEEP SINGH- ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION KESALI R DISTT. SAGAR (M.P.) (MADHYA
                          PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI AJAY TAMRAKAR- PANEL LAWYER)

                                This application coming on for admission this day, the court passed the
                          following:
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 5/11/2023
4:09:55 PM
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                                                                 ORDER

The first bail application has been filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for grant of bail, who are apprehending their arrest in connection with Crime No.467/2022 registered at Police Station-Kesali, District- Sagar (M.P.), for the offence punishable under Sections 353, 427, 294 and 341/34 of IPC.

According to the prosecution case, on 22.12.2022 Nayab Tehsildar, Kesali filed a complaint at the police station-Kesali saying that tokens were allotted amongst the people for distribution of fertilizers in Kesali Parisar, pursuant to which, the complainant was going to the place where distribution of

fertilizer was being done. The applicants stopped the car of complainant and abused him with filthy language, destroyed the vehicle and created hindrance in discharge of his official work.

It is submission of learned counsel for the applicants that false case has been registered at the instance of Nayab Tahsilda, Kesali and the applicants have been falsely implicated in this case.

In addition to the grounds mentioned in the application, learned counsel for the applicants further submits that the applicants are ready to cooperate in investigation/trial and the offences are triable by Magistrate and maximum punishment which can be awarded is 7 years. Confinement may bring social disrepute and personal inconvenience. Applicants undertake to cooperate in the investigation/trial and to make themselves available as and when required. They would not be a source of harassment and embarrassment in any manner to the complainant in any manner. Under these grounds, counsel prayed for grant of anticipatory bail to the applicants.

Learned counsel for the applicants also referred the judgment passed by Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 5/11/2023 4:09:55 PM

the Apex Court in the case of Arnesh kumar Vs. State of Bihar reported in (2014) 8 SCC 273 to bring home the fact that offences are such where benefit of Section 41-A of Cr.P.C. ought to have been given.

Learned counsel for the respondent/State opposed the prayer for grant of anticipatory bail and prayed for its dismissal.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions advanced by the learned counsel for the parties, nature of allegations and the fact that all offences are triable by Magistrate and/or maximum punishment which can be awarded is 7 years or below, as per the spirit of the judgment rendered by the Apex Court in the case of Arnesh Kumar (Supra), this Court intends to allow the application and it is hereby directed that if the applicants are arrested by the Arresting Officer in connection with Crime No.467/2022 registered at Police Station-Kesali, District- Sagar, they shall be enlarged on bail upon their furnishing a personal bond of Rs.50,000/-(Fifty Thousand Rupees Only) each with one solvent surety each in the like amount to the satisfaction of the Arresting Officer. The order shall be effective till the end of the trial, however, in case breach of any of the pre- condition of bail, it shall become ineffective without reference to this Court.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 5/11/2023 4:09:55 PM