Sandeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 17076 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 13 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 46123 of 2023

                           BETWEEN:-
                           SANDEEP S/O SHRI BABULAJI JAT, AGED ABOUT 30
                           Y E A R S , OCCUPATION:  LABORER     VILLAGE
                           SAKRAWADA, RATLAM DIST. RATLAM (MADHYA
                           PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI NAVENDU JOSHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION SAILANA,
                           RATLAM (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI AMIT RAWAL - GOVT. ADVOCATE)

                                 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.300/2023 registered at Police Station Sailana, District Ratlam (M.P.) for the offence under Sections 384, 385, 386, 323, 506, 507 and 34 of the Indian Penal Code, 1860.

2. As per the prosecution story, on 12/08/2023 complainant Shreyansh Modi received a phone call from a person, who told his name as Harsh Gurjar and asked the complainant to provide mobile phone free of cost. When the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/16/2023 11:10:22 AM

complainant refused the same, then Harsh Gurjar abused and threatened him to cause death. On 22/08/2023 co-accused Harsh Gurjar met to him on Bus Stand and asked that why he has not provided mobile phone to him and caught his shirt, but the complainant managed to run any how. On 20/09/2023 when the complainant was going to coaching, co-accused Harsh again met him and slapped him and other co-accused persons beaten him by using kick and fist. The allegation against the present applicant is that he has recorded the video of incident and uploaded on social media site. Accordingly, a case has been registered.

3. Learned counsel for the applicant contended that applicant is innocent

and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He has not committed any offence. No articles were looted in the aforesaid incident. Applicant is the permanent resident of Ratlam district, therefore, there is no apprehension of his fleeing away from the Court of justice and 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 by submitting that one more criminal antecedent under Section 25 of the Arms Act has been found against the applicant. Hence, he is not entitled to be released on anticipatory bail.

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 of allegation and also taking note of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/16/2023 11:10:22 AM

fact that FIR is belated; no article has been looted from the possession of complainant and victim sustained only two abrasions, which are simple in nature. Therefore, without commenting upon the merits of the case, I deem it proper to release the applicant on anticipatory bail.

7. Accordingly, application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of 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. The 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 Another) arising out of SLP (Crl.) No.3433 of 2023 regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/16/2023 11:10:22 AM