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Judgment
29 paragraphs · 558 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicants are
apprehending their arrest in connection with Crime No.131/2021 registered at Police Station Boda, District Rajgarh (MP) for offence punishable under
Sections 452, 294, 323, 427 and 506 / 34 of the Indian Penal Code, 1860.
The allegation against the applicants is that they entered into the house of the complainant and vandalized the vehicles and also assaulted the
complainant on 24.05.2021.
Learned counsel for the applicants has submitted that although the date of offence is said to be 24.05.2021, however, the FIR to this effect has been
lodged on 27.05.2021.
It is further submitted that the aforesaid case is lodged as a counterblast to the applicants' earlier complaint / FIR dated 24.05.2021 under Section 363
of IPC against the son of the complainant (Jaswant Singh Rajput) at Crime No.129/2021. Thus, it is submitted that the custodial interrogation of the
applicants is not necessary and they are entitled to be released on anticipatory bail.
It is further submitted that so far as applicant No.1 Hindu Singh @ Chintu Baba s/o Manohar Singh Rajput is concerned, two cases under Section 293
and 323 of IPC have been registered against him. Thus, it is submitted that the anticipatory bail application be allowed.
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of anticipatory bail is out.
Having considered the rival submissions and perusal of the case diary as also taking note of the the facts that the complainant has lodged the FIR after
three days of the incident and prior to that, the applicants' side had already lodged FIR under Section 363 of IPC against the son of the applicant
(Jaswant Singh Rajput) and the final conclusion of the trial is likely to take sufficiently long time, in the considered opinion of this Court, it is not a case
where the custodial interrogation of the applicants would be necessary. Hence, the applicants have made out a case for grant of anticipatory bail.
Accordingly, this application is allowed. It is directed that in the event of arrest, applicant No.1 Hindu Singh @ Chintu Baba s/o Manohar Singh Rajput,
applicant No.2 Ransingh Rajput s/o Devisingh Rajput, applicant No.3 Narendra Singh s/o Jaswant Singh Rajput and applicant No.4 Kanha Rajput s/o
Medsingh Rajput shall be released on bail, upon each of them executing a personal bond only 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 applicants shall make themselves 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.
It is made clear that, after being released on bail, if the applicants again indulge themselves in any criminal activity, the present bail order shall stand
cancelled without further reference to the Court and the police shall be entitled to arrest the applicant (s) in the present case also.
Accordingly, Miscellaneous Criminal Case No.29992/2021 stands allowed.
Certified copy as per rules.