Akash Dammani vs State Of M.P

Vivek Rusia, J

This is first application under section 438 Cr.P.C seeking anticipatory bail in connection with Crime No.204/2021 registered at Police Station- Rajendra

Nagar, District-Indore for the offence punishable under sections 294, 327, 506 of the IPC.

As per prosecution story, in the night of 07.03.2021 a dispute arose between applicant and the complainant in a bar of hotel Sensation. There was a

free fight between two group which has resulted into registration of two FIRs. i.e. FIR No.204/2021 and counter FIR No.205/2021 registered under

Sections 307, 341, 294, 506 and 34 of the Indian Penal Code against Akash Jirati and Vinal and Shikani.

Learned counsel for the applicant submits that complainant belongs to a political party therefore he has got registered FIR that he was demanded

Rs.500/- from him and when the same was not given he gave a blow by beer bottle on his head. Learned counsel further submits that the applicant

belongs to a reputed family and he would not demand Rs.500., in order to make the case non-bailable this allegation has been added. The applicant has

suffered grievous injury. He has filed the photographs at page no.25 of this bail application. He remained in the Bombay Hospital for treatment. He

lodged an FIR and at that time he was not arrested. He is a student of LLB and if he is arrested he will loose his reputation in the society and career.

Learned panel lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of

arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of

Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by

the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any 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 any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.