Dhan Singh vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.549/2019 registered at Police Station Dhamnod, District Dhar (MP) for offence punishable under Sections 294 and 353 of the Indian Penal Code, 1860.

As per prosecution story, complainant Dr. Archana Kashyap, Medical Officer, [PG MO (DGO)], Community Health Centre, Dhamnod, District Dhar (MP) made a written complaint to Station House Officer, Police Station Dhamnod, District Dhar alleging that she was on emergency duty at CHC, Dhamnod from 16th August, 2019 to 17th August, 2019, at around 08.30 PM on 16.08.2019, one Ranchhod Dodwe was brought to the Hospital with complaint of consuming alcohol and poisonous substance. She provided first aid to the patient and apprised about the state of the patient to his relatives. The applicant then yelled at her complaining about not providing proper treatment to his father; and thereby caused hindrance in discharge of her duties.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is not having any criminal record. The only allegation against the applicant is that while the doctor was examining one Ranchhod Dodwe (father of the applicant), the applicant came there and he abused her. Except this, there is nothing on record to show that at any time, the applicant prevented the complainant from discharge of her duties, or assaulted her. Only general and omnibus allegation has been made against the applicant, alleging that he tried to stop the complainant from discharging her duties. In these circumstances, at the most, offence under Section 294 of IPC will be made against the applicant, which is bailable in nature. The applicant is ready to cooperate with the investigation. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Dhan Singh s/o Ranchhod Dodwe (Bheel) shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.3161/2020 stands allowed.