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Judgment
19 paragraphs · 347 wordsSanjay Dwivedi, J
This first application under Section 438 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of anticipatory bail who is
apprehending his arrest in connection with Crime No.34/2022 registered at Police Station Kohefiza, District Bhopal (M.P.) for the offence punishable
under Sections 294, 506, 307, 34 of the Indian Penal Code.
Learned counsel for the applicant submits that from the case diary it is clear that the incident occurred all of a sudden and there was no premeditation.
He further submits that from the injury sustained by the complainant, it is amply clear that no case under section 307 of IPC is made out at best case
under section 323 of IPC can be said to be made out. He further submits that confronting the medical reports initially obtained from the doctors with
the subsequent clinical report obtained by the complainant, it is clear that the complainant was bent upon to anyhow bring home the offence under
section 307 of IPC. He submits that the applicant is ready to cooperate in the investigation and as such, he prays that the present applicant may be
released on anticipatory bail.
Per contra, learned Panel Lawyer appearing for the State opposes the bail application and submits that as per the Computerized Tomography (CT-
Scan) report, there was fracture of nasal bone detected.
Considering the overall facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, I am inclined to
enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.80,000/- (Rupees Eighty
Thousand) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station
concerned.
The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified copy as per rules.