Ganesh S/O Geetaprasad vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is

apprehending his / her arrest in connection with Crime No.318/2020 registered at Police Station Shujalpur Mandi, District Shajapur (MP) for offence

punishable under Sections 147, 452, 323, 294 and 506 of the Indian Penal Code, 1860.

Allegation against the applicant is that he along with other six accused persons entered into house of complainant Gopal and also assaulted Hemraj,

Kedar and Nirmal.

Counsel for the applicant has submitted that the applicant is Panchayat Secretary of Gram Panchayat Jamner, District Shajapur (MP) and there are

no criminal antecedents and in the present case his arrest would cause irreparable injury to his reputation and also may cost his service. It is submitted

that the applicant has been falsely implicated in the present case, as against complainant, uncle of the present applicant Jagdish had lodged a report

against the Panchayat Secretary Gopal regarding irregularity committed while construction of public toilet. They themselves had called the concerned

officer, who had gone for inspection to their home and there altercation took place, which lead to scuffle between the parties and despite the fact that

the applicant was not present on the spot, his name has also been tagged in the case only because his uncle had lodged initial report.

Counsel has submitted that otherwise also, injured persons have not suffered grievous injuries and only abrasions have been received by one of injured

on his shoulder and other persons have also received minor injuries on account of scuffle.

Counsel has submitted that arrest of the applicant in the present case would bring him undue ignominy in the society and to his family also. Thus, it is

prayed that the applicant be released on anticipatory bail.

Counsel for the State, on the other hand, opposes the prayer and it is submitted that looking to the injuries suffered by the complainant and other

persons, no case for grant of anticipatory bail is made out.

Counsel has submitted that Kedar has received certain abrasions on his shoulder, although Hemraj has not suffered any injury. Thus, it is submitted

that no case for grant of bail is made out.

Having considered the rival submissions and taking note of the fact that the applicant is the Panchayat Secretary and there are no criminal

antecedents against him and the incident appears to have taken place on the spur of the moment, wherein omnibus allegations have been levelled

against the applicant and other accused persons, in such circumstances, in the considered opinion of this Court, custodial interrogation of the applicant

does not appear to be necessary.

In view of the aforesaid, this Court finds it expedient to allow the present application for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Ganesh s/o Geetaprasad shall be released on bail, upon his /

her executing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand only) and furnishing 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. They 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.3361/2021 stands allowed.

Certified copy as per rules.