Sachin Dodiya vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.111/2024 dated : 10/3/2024, registered at P.S. - Kshipra District - Indore for offences punishable under Sections 323, 294, 506, 307 and 34 of IPC.

As per prosecution case, on 10/3/2024 the aforesaid crime was registered against the present applicant and other co-accused persons alleging that at about 1 PM the complainant received the information regarding some dispute at a Dhaba. When the complainant reached the spot, he saw that some unknown persons were beating Lokesh Jaiswal by lathi and danda. The complainant tried to intervene but the unknown accused persons attacked the complainant with knife. It is further alleged that one of the co-accused person inflicted knife injuries to the complainant.

Counsel for the applicant submits that against the complainant side also cross case at crime No.113/2024 for offences under Section 307, 294, 323, 506, 34 of IPC and under the SC/ST Act were registered. It is submitted that the matter has been compromised between the parties and the applicant is permanent resident of Indore and he undertakes to co-operate with the investigation and there is no likelihood of his absconsion.

Counsel for the State opposes the prayer for grant of bail. However, counsel for the complainant submits that the matter has been compromised and he has no objection to the prayer for grant of bail to the applicant.

After hearing learned counsel for the parties and taking into consideration the fact that there is a cross case registered against the complainant side and no objection is filed by the complainant, I am of the view that the applicant is entitled for grant of anticipatory bail on the condition that the applicant shall co-operate with the investigation and shall not tamper with evidence.

It is directed that in the event of arrest, applicant - Sachin Dodiya shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

With the aforesaid, the application is allowed and disposed off.

Certified copy as per rules.