Shubhankar And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard and perused the challan papers.

This is applicants' second application under Section 438 of Criminal Procedure Code, 1973 (482 of BNSS) for grant of anticipatory bail, as they are apprehending their arrest in connection with Crime No.185/2021, registered at Police Station - Jawad, District -Neemuch (MP) for offence punishable under Sections 498-A,34, 323, 342, 506 &3 07 of the Indian Penal Code, 1860. Applicants' first anticipatory bail application-M.Cr.C.no.62247/2022 was allowed by this Court on 12.01.2023.

Counsel for the applicants has submitted that subsequently after filing of the charge sheet, a charge under Section 307 of the IPC has also been added, hence the applicants are again apprehending their arrest and the application filed before the trial court has also been rejected on the ground that Section 307 of the IPC has been added as it has been found that the injured woman fell from the window of the house, as a result of which she is still in coma. Counsel has drawn the attention of this Court to various WhatsApp chats between the injured and her husband to submit that they were having cordial relationship. Thus, it is submitted that the application be allowed as the custodial interrogation of the applicants would not be necessary.

Counsel for the respondent / State, on the other hand, has opposed the prayer

On due consideration of the rival submissions and perusal of the documents filed on record, and the fact that the applicants are already enjoying the liberty as the anticipatory bail was earlier allowed by this Court on 12.1.2023 and Section 307 of the IPC has been added subsequently; whereas there is no other change in circumstance or new discovery, and in such circumstances, and also taking note of the various WhatsApp chats filed on record, this Court is of the considered opinion that the custodial interrogation of the applicants is not necessary in the present case. In view of the same, applicants have made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicants -Shubhankar and Rajendra Kumar Soni shall be released on bail, upon their 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).

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

The M.Cr.C. stands allowed and disposed of. Certified copy as per rules.