Rahul vs The State Of Madhya Pradesh
2023 Latest Caselaw 19671 MP

Madhya Pradesh High Court

Rahul vs The State Of Madhya Pradesh on 24 November, 2023

Author: Anil Verma

Bench: Anil Verma

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 24 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 52083 of 2023

                           BETWEEN:-
                           RAHUL S/O UDERAM, AGED ABOUT 21 YEARS,
                           OCCUPATION: STUDENT, R/O: TOLAKHEDA, P.S.
                           SHAMGARH,   DISTRICT  MANDSAUR   (MADHYA
                           PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI VIVEK SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION SHAMGARH,
                           DISTRICT MANDSAUR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI KAPIL MAHANT - PANEL LAWYER)

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

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.445/2023 registered at Police Station Shamgarh, Dist. Mandsaur (M.P.) for the offence under Sections 294, 323, 325, 307, 506 and 34 of the Indian Penal Code, 1860.

As per prosecution story, on 13/09/2023, at about 2.00 pm, complainant's sister Reenabai went for grazing cattle on government land, at that time, present applicant and other co-accused person reached there and started

abusing her in filthy language by saying that why she was grazing cattle there. Thereafter, accused/ present applicant Kailash gave blow by means of stick to her head. Accused Babulal and Shankar gave blow by means of lathi on the body of the complainant Rahul. They also inflicted injuries to Hokam by using stick. Thereafter, co-accused Vakil gave blow of axe on the head of Nepal, due to which, he sustained serious injuries and blood was started oozing. Accused persons also threatened them. Complainant Rahul lodged FIR at police station - Shyamgarh. Accordingly, the aforementioned offence was registered.

3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Limited allegations have been

levelled against him. No offence under Section 307 of IPC is made out against him. He is a permanent resident of District Mandsaur and there is no apprehension of his fleeing away from the court of justice. Co-accused Mukesh and Badrilal have been enlarged on regular bail by this Court vide order dated 27.10.2023 passed in MCRC No.48266/2023 in the similar circumstances. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection.

5. Perused the impugned order of the trial Court as well as the case dairy. 6 . Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that co-accused Mukesh and Badrilal have been enlarged on regular bail by this Court; limited allegation have been levelled against him; he is not the main accused, who has caused fatal injuries to the victim Nepal; he is

not having any criminal past and final conclusion of trial will take long sufficient time, I deem it proper to release the applicant on anticipatory bail.

7 . Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before the Investigating officer during the course of investigation as and when directed. Conditions of section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

8. However, concerning police authorities are directed to ensure the necessary compliance of judgment dated 31.07.2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Others) regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy, as per rules.

(ANIL VERMA) JUDGE Anushree