Madhya Pradesh High Court
MCRC/12270/2016 of KAPIL Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri O.P. Solanki,
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MCRC-12270-2016
(KAPILVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri O.P. Solanki, learned counsel for the applicant.
Shri Pushyamitra Bhargava, learned counsel for therespondent/State.
Case-diary is available. Arguments heard.
This is first application under Section 438 of Cr.P.C.for grant of anticipatory bail.
The present applicant apprehends his arrest by PoliceStation-Pardeshipura, District-Indore, in CrimeNo.385/2016 under Sections 324, 294, 506 and 306 ofthe IPC.
According to the prosecution story, present applicantinflicted various injuries by a blade normally used forconducting operation. He inflicted incise wound onface of his wife. The crime was registered underSection 324 of IPC, subsequently, Section 326 of IPCwas added.
Learned counsel for the State opposed the application on the ground that the applicant caused grievousinjury on face of the injured due to which there is alikelihood to permanent disfigurement of her face.
Learned counsel for the applicant submits that partieshave already entered into a compromise.
After taking all the facts and circumstances of the caseinto consideration and without commenting on merit,this application is allowed.
It is directed that in the event of arrest, the applicantshall be released on anticipatory bail on his furnishinga personal bond of Rs.30,000/-(Rs. Thirty Thousandonly) and a solvent surety of the like amount to thesatisfaction of the concerning Magistrate or ArrestingOfficer as the case may be, with the followingconditions:-
(i) that he shall make himself available forinterrogation by a police officer as and whenrequired.interrogation by a police officer as and whenrequired.
(ii) that he shall not, directly or indirectly,make any inducement, threat or promise toany person acquainted with the facts of thecase so as to dissuade him from disclosingsuch facts to the Court or to any policeofficer.make any inducement, threat or promise toany person acquainted with the facts of thecase so as to dissuade him from disclosingsuch facts to the Court or to any policeofficer.
(iii) that he would comply with the conditionsenumerated under section 437(3) Cr.P.C.meticulously.enumerated under section 437(3) Cr.P.C.meticulously.
Certified copy as per rules.
(ALOK VERMA)JUDGE