Madhya Pradesh High Court
MCRC/12782/2016 of DUNGARSINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri Vivek
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MCRC-12782-2016
(DUNGARSINGHVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri Vivek Singh, 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-Suvasra, in Crime No.214/2016 under Sections294, 323, 506, 427/34, 325 and 326 of the IPC.
According to the prosecution story, present applicantwas armed with lathi. Total ten accused personsattacked on complainant and five persons sustainedvarious injuries out of which Lal Singh sustainedfractures of parietal bone.
Learned counsel for the applicant submits that in thiscase, hard and blunt weapon was used and therefore,case would not fall under Section 326 of IPC and otheraccused persons were granted bail under Section 439Cr.P.C., therefore, he prays that benefit be extended tothe present applicant. He further submits that co-accused Jawan Singh was granted anticipatory bail inM.Cr.C. No.12035/2016 by order dated 01.12.2016.According to him applicant is having complete paritywith co-accused Jawan Singh.
Learned counsel for the State however, submits that present applicant remain absconding and therefore, heshould not be granted bail.
After going through the case-diary and taking intoconsideration various facts and circumstances of thecase, which emerge from the case-diary and also thereis a counter case pending against the complainantMeharban Singh and other persons, this application isallowed.
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