Raju And Others vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

The first bail application has been filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicants who are apprehending their arrest in connection with Crime No.97/2023 registered at Police Station-Daundar District-Sheopur (M.P.) for the offence punishable under Sections 323, 294, 506, 342, 452, 327, 34 of IPC.

A s per the case of prosecution, on 01/07/2023, at around 1:30 pm at noon Sarvan and Naim Khan were delivering mid- day- meal at Government Middle School, Gandhi Nagar. Applicants Raju, Mahaveer, Ramsingh, Ranjeet entered the school and started abusing Sarvan demanding payment of lawyer's fees of an earlier case between the parties. Sarvan declined to pay it. All the four applicants/accused started manhandling him with hockey sticks and fists. Other co-accused Nepal and Kapur confined Sarvan in a room in the school.

Learned Counsel for the applicants submits that both the parties are close relatives. There is matrimonial dispute between sister of complainant Sarvan and the applicant Raju. Therefore, both the parties had altercation which was given colour of extortion of money. Injured Sarvan has sustained only three abrasions. Nature of injury and the dispute between parties are simple. Investigation is almost complete. No custodial interrogation is required. There is no criminal history reported against the applicants. Applicants are labourer by profession. Both the parties belong to same social status. There is no likelihood of interfering with the investigation or tampering with the evidence. There is no likelihood of their absconding leaving behind their family to suffer. It is further submitted that co-accused Nepal and Kapur Banjara have been extended benefit of anticipatory bail.

Per contra, learned Public Prosecutor for the respondent/State opposes the prayer on the ground that there are direct allegations of involvement of the applicants in the alleged offence.

Heard learned learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case but without commencing on merits of the case, this Court inclined to grant anticipatory bail to the applicants. Thus, the application is allowed.

Accordingly, it is directed that in the event of their arrest, applicants, namely, Raju, Mahaveer, Ramsingh and Ranjeet shall be released on bail in relation to the Crime No.97/2023 of Police Station Daundar, District Sheopur for the offence punishable under Sections 323, 294, 506, 342, 452, 327, 34 of IPC upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety each of the same amount to the satisfaction of the officer making arrest, for compliance with the following conditions:

(1) Applicants shall make themselves available for investigation as may directed by the officer, in-charge of investigation;

(2) Applicants shall not commit or get involved in any offence of similar nature;

(3) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(4) Applicants shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

(5) Upon submission of final report under Section 173 of Cr.P.C, the applicants shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;

(6) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

C.C. as per rules.