Satish Kumar Gautam vs The State Of Madhya Pradesh
2025 Latest Caselaw 162 MP

Madhya Pradesh High Court

Satish Kumar Gautam vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:20226




                                                               1                           MCRC-18148-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 1 st OF MAY, 2025
                                     MISCELLANEOUS CRIMINAL CASE No. 18148 of 2025
                                                   SATISH KUMAR GAUTAM
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Anuj Singh - Advocate for the applicant.
                                   Shri A.S. Baghel - Public Prosecutor for the respondent/State.
                                   Shri Sharad Singh Baghel - Advocate for the objector.

                                                                   ORDER

This is the first application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant.

The applicant apprehends his arrest in connection with Crime No.130 of 2025 registered at Police Station Civil Lines Satna, District Satna (M.P.) for the offence punishable under Sections 296, 115(2), 351(3), 75(i)(ii) of the Bharatiya Nyaya Sanhita, 2023.

As per prosecution story, the allegation against the applicant is of committing Marpeet thereby inflicting injuries and also abusing and using obscene words for the complainant.

It is submitted that the applicant has falsely been implicated in the case owing to the previous enmity. He has not committed any offence in any manner. Applicant is a Government servant. He has no criminal past. It is

NEUTRAL CITATION NO. 2025:MPHC-JBP:20226

2 MCRC-18148-2025 further submitted that the applicant was issued a notice under Section 41(a) of CrPC in the light of judgment passed by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273 and he has not misused the liberty so granted and cooperated with the investigating agency. The applicant is ready to cooperate in the investigation and to abide by all the terms and conditions that may be imposed by this Court while considering the anticipatory bail application. On these grounds, he prays for grant of anticipatory bail to the applicant.

Per contra, counsel appearing for the complainant as well as State has vehemently opposed the application pointing out that there are specific allegations against the present applicant. Injuries are also medically corroborated and the charge-sheet has been filed in the matter. Therefore, he

has prayed for dismissal of the application.

The offences which are registered against the applicant are having punishment less than seven years, therefore, in view of the judgment passed by Hon'ble Supreme Court in the case of Arnesh Kumar (supra), a notice under Section 41(a) of Cr.P.C. was issued to the applicant and he has cooperated with the investigating agency.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail subject to verification of the fact that applicant is the first offender. In the event of arrest, applicant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety in the like amount

NEUTRAL CITATION NO. 2025:MPHC-JBP:20226

3 MCRC-18148-2025 to the satisfaction of Arresting Officer.

The applicant is directed to mark his presence before the concerning Police Station in first week of every month till the conclusion of trial.

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

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve in any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

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. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Shbhnkr