Madhya Pradesh High Court
MCRC/52839/2018 of DEEPAK Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MADHYA PRADESH, BENCH AT INDOREHIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. Cr. C. No.52839/2018(Deepak Adiwal and Others Vs. State of M. P.)
Indore, dated 31/12/2018
Parties through their counsel.
Heard on the question of grant of bail.
This is the first application filed by the applicants Deepak Adiwal, Ravi Adiwal and Kamal Adiwal under Section 438 Cr.P.C. for grant of anticipatory bail. The applicants are apprehending their arrest for offences punishable under Section 452, 294, 323 and 506/34 of the Indian Penal Code, 1860 registered with Police Station Sanawad, Distt. Khargone at Crime No.519/2018.
The allegation against the applicants is that they have entered the house of the complainant and have assaulted the complainant as one of applicant was transferred at the behest of the complainant. It has been argued that there is no past criminal track record of the applicants and the applicants are government servant working for last 20 years without any blemish. Learned counsel has argued that the applicants have been falsely implicated in the crime and no purpose will be going to be served by sending the applicants in jail as there is no possibility of their absconsion as they are government servant.
On the other hand, learned counsel for the State has opposed the application for grant of anticipatory bail. She has stated that the applicants have entered the house of the complainant and have HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. Cr. C. No.52839/2018(Deepak Adiwal and Others Vs. State of M. P.)
abused him and there is minor injury (abrasion) and therefore, the question of grant of anticipatory bail does not arise.
This Court, after hearing the learned counsel for the parties and on consideration of the facts and circumstances of the present case but without commenting on merits, at this stage, is of the opinion that the present case is a fit case for grant of anticipatory bail to the applicants.
Accordingly the bail application is allowed and it is directed that in the event of the applicants' arrest, the applicants be released on bail on their each furnishing bail bond of Rs.1,00,000/- (Rs. One Lac Only) with separate surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned. The applicant would abide by the conditions mentioned in Section 438(2) Cr.P.C.
Certified copy as per rules.
Tej
(S. C. SHARMA)Vacation Judge
Digitally signed by Tej Prakash Vyas Date: 2018.12.31 13:09:27 +05'30'