Angad Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is Second application under section 438 of the Code of Criminal Procedure. The first application being M.Cr.C No. 24820/2019 was allowed by this Court vide order dated 30/07/2019. During investigation, offence under section 302 of IPC was added by the prosecution, therefore, this 2nd application for grant of anticipatory bail has been filed by the applicant.

Applicant apprehends arrest in connection with Crime No.43/2019 registered at Police Station Umari, District Bhind, for the offences punishable under sections 307, 326, 336, 324, 323, 294 and 506, 34 and added section 302 of IPC.

Prosecution story, in short, on 18/2/19 at about 8 AM, when applicant was levelling a disputed land, complaiant and his father objected. At that juncture, Shyamkishore's brother Lalji and son Manmohan came on the spot and started abusing the complainant and his father filthily. When his father objected, all three of them threw him on the ground and assaulted him by Lathi and Axe causing injuries on head, left cheek and left shoulder. When complainant's mother and uncle Satyabhan came forward to intervene, co-accused Golu and Manmohan assaulted his uncle by Lathi and Axe causing injuries on his head, while his mother Guddidevi was wielded a Ballam blow on her hand by co-accused Shyamkishore. When his sister Chhaya and aunt Sapna came to their rescue, applicant Angad and Manmohan threw bricks on them causing injuries on his aunt's temple and sister's right leg. The incident was witnessed by Banke Singh and Ravindra Singh alias Ramu, while the applicant and co-accused persons fled from the spot while threatening them with life.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. A cross-case has been registered against the complaiant party at Crime No. 41/19 for the offences punishable under sections 336, 324, 325, 427, 294 and 506 of the IPC. The dispute arose on account of some order passed in 145 proceedings, which was in favour of the applicant party. The applicant is a 19 year old boy and is studying in Class X. If arrested his career would be spoiled. During investigation, the deceased Satyabhan died, therefore, offence under section 302 of IPC has been added. There is no allegation against him of inflicting injuries to the deceased and the injuries received by the victim Guddi are simple in nature. As such, no case under sections 302 & 307, IPC is made out against him. At the most offences under sections 323 and 325 of the IPC would be made out which are bailable in nature. Initially the applicant was not present at the spot. He is a permanent resident of Village Atarsuma, P.S. Umari, District Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for anticipatory bail is made.

In response, learned Public Prosecutor has opposed the bail application and prays for its rejection.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

It is hereby directed that in the event of arrest of applicant namely Angad Singh, he shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

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

He will comply with all the terms and conditions of the bond executed by him;

He will cooperate in the investigation/trial, as the case may be;

He will not indulge 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.