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2003 DIGILAW 380 (MP)

Battulal v. State of M. P.

2003-03-06

S.L.KOCHAR

body2003
JUDGMENT Heard with the aid of case-diary. This is an application u/s. 438 CrPC in connection with Crime No. 295/02 for the offence punishable u/Ss. 420, 467, 468 IPC. This is the second application of the applicant for grant of anticipatory bail for the aforementioned offences. The first application was dismissed by order dt. 18.12.2002 vide Misc. Criminal Case No. 4231/02 on merit. But at the time of consideration of this application, counsel for the applicant was not present and the same was considered in his non-appearance. The contention of the learned counsel for the applicant is that at the time of first application some important and material facts could not be placed before this Court for consideration. Those facts are that applicant No.2 Omprakash who is the son of applicant No. 1 Battulal, is an eye witness in a murder case vide Crime No. 161/02, in which three accused persons viz Chhagia, Madhu @ Madhusudan and Mahesh are involved. This incident has taken place on 7.7.2002. Thereafter they pressurized applicant No.2 Omprakash to change his statement and for not giving evidence against them in the Court. As he refused to succumb to their desire, they lodged a false report of cheating through Babulal, who is the son-in-law of accused Chhogia. The accused Chhogia has been released and thereafter also started threatening the applicant and his father through his son-in-law. Against the accused persons the applicants have lodged a report on 25.7.2002 vide Crime No. 179/02, which has been registered in the same police station and the police has registered offences u/s. 294, 506/34 IPC against the accused persons named Suresh, Chhogia, Prahlad, Akhilesh and Devilal. Devilal is the son of Babulal, who is the son-in-law of Chhogia. Babulal is the complainant in the present case against the applicants. The learned counsel for the applicants submits that he has filed the copy of the FIR of Crime No. 161/03, registered for the offence punishable u/s. 302/34 IPC against Chhogia and two others. Crime No. 179/02 has been registered against the above mentioned 5 persons and affidavit of the applicant No.2 Omprakash has been filed in which he has stated that because he is an eye witness in a murder case against Chhogia and two other accused persons, now he is being pressurized by them for changing his statement in the Court. Crime No. 179/02 has been registered against the above mentioned 5 persons and affidavit of the applicant No.2 Omprakash has been filed in which he has stated that because he is an eye witness in a murder case against Chhogia and two other accused persons, now he is being pressurized by them for changing his statement in the Court. They have got lodged a false report of cheating against him and his father who is a teacher in Government Primary School Amoda, Tehsil Kannnod, Distt. Dewas. All the above facts are very alarming. All the three crimes have been registered by the same police station vide crime No. 161/2002 for the offence punishable u/s. 302/34 IPC, Crime No., 173/02 for the offence punishable u1s 294, 506/34 IPC and Crime No. 295/02 of this bail application for the offence punishable u/s. 420, 467, 468 IPC. But the police has not taken into consideration all these matters and also not extended any protection to eye witness applicant No.2 Omprakash. In view of the fact and circumstances of the case, this application for grant of anticipatory bail is allowed for a period of 4 months from today upto 6th July, 2003. The applicants in the event of their arrest are directed to be released on bail on their furnishing a bail bond in the sum of Rs. 10,000/- each with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions. (1) that the applicants shall make themselves available for interrogation as and when required; (2) that the applicants shall not make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (3) that the applicants shall not leave India without previous permission of the Court. Learned Panel Lawyer Shri Salim is directed to keep present the Investigating Officer of this case as well as Station House Officer of Police Station, Kannod before this Court on 13th March, 2003 for further orders.