Jaswant vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Heard with the aid of case diary.

This is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.20/2023 registered at Police Station Naisarai, District Ashoknagar for the offence punishable under Sections 324, 323, 294, 506, 34, 326, 325 of IPC.

Prosecution case in brief is that on 26.2.2023 at about 16:00 hours the applicant along with other co-accused persons on previous enmity armed with deadly weapon Farsa/wooden stick assaulted the complainant Mahesh and when complainant's brother Kalyan Singh, son Shishupal, nephew Ramu Raghuvanshi tried to intervene, they also assaulted them and caused grievous injuries to them.

Learned counsel for the applicant referring the FIR bearing Crime No.21/2023 registered at the same police station Naisarai, District Ashoknagar submits that at the time of incident complainant's party themselves assaulted the applicant and his family members and caused injuries to him about which offence punishable under Sections 294, 323, 324, 34 of IPC and under Section 3(1)(r), 3(1)(s) of SC/ST Act have been registered against the complainant party. He further submits that it has been alleged against the applicant that he assaulted with deadly weapon Farsa on the head of the complainant while no such injury was found on his head during his MLC report. In his earlier MLC report given by the Medical Officer, District Hospital, Guna, the same was not found grievous. On the basis of medical report given by private doctor, the offence punishable under Section 326 of IPC has been enhanced. Since no injury was found caused by hard and sharp object, therefore, offence punishable under Section 326 of IPC is not made out in the matter. Rest all the offences are bailabale in nature. Co-accused Vinod has already been enlarged on bail vide order dated 1.7.2023 passed in M.Cr.C.No.27859/2023. The applicant has falsely been implicated in the matter. Trial will certainly take time to conclude therefore, under such circumstances, applicant is entitled for grant of anticipatory bail.

Learned Public Prosecutor for the State as well as counsel for the complainant have vehemently opposed the prayer and submits that the applicant is the main accused who assaulted with deadly weapon Farsa on the head of the complainant. Injuries on the head as well as thumb of the right hand of the complainant were grievous in nature. He further submits that the applicant is a habitual offender and about nine other criminal cases are registered against him. It has been alleged against the applicant that he assaulted with Farsa, therefore, his custodial interrogation cannot be denied. Hence at this stage, he is not entitled to be enlarged on anticipatory bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, counter FIR lodged against the complainant party, nature of injuries so also other facts and circumstances of the case, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest of the applicant, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

It is made clear that the applicant shall mark his attendance before the Investigating Officer for the first time on 20.7.2023. It is further directed that the applicant shall appear before the S.H.O. Police Station Naisarai, District Ashoknagar on 15th of every month during the pendency of the investigation. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.