Narayan Golhan vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime

No.147/2021 registered at Police Station - Dhanora, district- Seoni for offences punishable under Sections 294, 323, 186, 332, 353 and 506 of the

Indian Penal Code.

Allegation against the applicant is that he assaulted Head Constable/complainant with fist, abused him and tore his shirt at the time of checking of his

vehicle.

Learned counsel for the applicant submits that the applicant is

innocent and he has been falsely implicated in the crime. As per allegation, the applicant hit the complainant but as an actual fact the complainant was

asking for unreasonable amount from the applicant at the time of checking of the vehicle hence, dispute arose and the applicant has been falsely roped

in this case. The applicant is willing to cooperate in the investigation and there is no possibility of his absconding or tampering with the prosecution

case. On these grounds prayer is made to enlarge the applicant on anticipatory bail.

Learned Panel Lawyer for the State has vehemently opposed the contentions of learned counsel for the applicant.

Heard learned counsel for the parties. Considering the facts and circumstances of the case, nature of injuries received by the complainant and role

attributed to the present applicant, without commenting on the merits of the case, this application is allowed. It is directed that in the event of arrest

Applicant, namely, Narayan Golhani shall be enlarged on bail on his furnishing personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only)

with one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for his regular appearance before the

Police during the investigation or before the Court during trial, as the case may be. It is directed that the applicant shall abide by the conditions

enumerated under Section 438(2) of Cr.P.C. It is made clear that the applicant shall appear before the Investigating Officer as and when he is so

directed and cooperate in the investigation and he shall also appear before the trial Court regularly as and when directed.

Accordingly, the M.Cr.C. stands allowed and disposed of.