High CourtsSingle Bench

Nisha Rajput vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 27 December 2023 · Citation: (2023) 12 MP CK 0112

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 34, 294, 323, 326, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 57004 Of 2023
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Judgment

9 paragraphs · 287 words

Subodh Abhyankar, J

1.

Perused the case diary.

2.

This is applicant's first application under Section 438 of Cr.P.C. for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.257/2023 registered at Police Station Purani Chawani District-Gwalior for the offence punishable under Sections 323, 294, 506, 34 added Section 326 of IPC.

3.

Allegation against the applicant is that he was involved in the aforesaid case where as many as five persons of the complainant party got injured. It is alleged against the applicant that he assaulted injured Puspa with kicks and fists.

4.

Counsel for the respondent/ State opposed the prayer for grant of bail and prayed for dismissal of the application.

5.

On perusal of the documents filed on record, it is found that appellant happens to be neighbour of the complainant and she is a student aged about 21 years and there is no overt act against her, this Court is of the opinion that custodial interrogation does not appears necessary, hence in the obtaining facts and circumstances of the case, applicant is entitled for grant of anticipatory bail.

6.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

7.

The applicant shall make himself available for interrogation by the Police Officer as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.