Gopal Singh Jadon vs The State Of Madhya Pradesh
2023 Latest Caselaw 14439 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 4 th OF SEPTEMBER, 2023
                                          MISC. CRIMINAL CASE No. 39542 of 2023

                           BETWEEN:-
                           GOPAL SINGH JADON S/O SHRI BABU SINGH JADON,
                           AGED       ABOUT     57    YEARS, OCCUPATION:
                           AGRICULTURIST R/O- MEHTE GALI OLD JAURA WARD
                           NO.13 DISTRICT MORENA (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   JAURA  DISTRICT  MORENA (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI R.S. KUSHWAHA - PUBLIC PROSECUTOR)

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

1. This is first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.477/2018, registered at Police Station- Jaura, District Morena for the offence punishable under Sections 323, 294, 452, 147, 149 and 506 and 397 of the IPC and Section 11/13 of the MPDVPK Act.

2. It is the submission of learned counsel for applicant that applicant is apprehending his arrest again on the basis of registration of offence as referred above and because of order dated 25.01.2023 because charge is to be framed Signature Not Verified Signed by: RASHID KHAN Signing time: 04-09-2023 07:14:04 PM

against the applicant. It is the apprehension of applicant that he may be arrested at the time of framing of charge. Earlier case was registered against the applicant for offence under Sections 323, 294, 452, 147, 149 and 506 of IPC. Applicant was given bail under Section 439 of the Cr.P.C. by the Session Court. Later on, investigation carried out and charge-sheet was filed on 18.01.2019. Thereafter, an application was preferred by the complainant under Section 323 of Cr.P.C. and offence under Section 11/13 of the MPDVPK Act was added. Now applicant is apprehending his arrest because of the new development. He relied upon the judgment of Hon'ble Apex Court in the cases of Pradeep Ram Vs. State of Jharkhand and another, AIR 2019 SC 319 and Satender Kumar

Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC

773. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate with investigation/trial. Under these grounds, he prayed for anticipatory bail.

3. Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of application.

4. Heard the counsel for the parties and perused the case diary.

5. Considering the submission and the fact that applicant is no longer required for investigation because provisions of MPDVPK Act were added later on, on same set of facts, therefore, this Court intends to allow the application and it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/trial court.

6. This order will remain operative subject to compliance of the following conditions by the applicant:-

Signature Not Verified Signed by: RASHID KHAN Signing time: 04-09-2023 07:14:04 PM

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/ trial, as the case may be;

3 . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. Application stands allowed and disposed of.

8. Copy of this order be sent to the trial Court concerned for compliance.

9. Certified copy as per rules.

(ANAND PATHAK) JUDGE Rashid

Signature Not Verified Signed by: RASHID KHAN Signing time: 04-09-2023 07:14:04 PM