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2006 DIGILAW 609 (MP)

Rinku @ Pankaj Jain v. State of M. P.

2006-04-27

SHEELA KHANNA

body2006
ORDER 1. Heard. Perused the case diary. This is first application for his anticipatory bail under section 438 of CrPC by the applicant. 2. Crime No. 179/04 has been registered against the present applicant alongwith other co-accused at Police Station. Mauh District Bhind for committing an offence punishable under section 307/34 of I PC. 3. As per the first information report the co-accused Rinku Rajput fired a shot by his gun causing Injury in the Stomach of the complainant. The allegation against the present applicant is that he and another co-accused Mantu have instigated the co-accused Rinku Rajput and on their investigation Rinku Rajput had tired. The contention of learned counsel for the applicant is that the name of the applicant was falsely included in the first information report and the father of the applicant made an application to S.P., Bhind for fair investigation and after investigation it was found that the applicant was not present on the spot and therefore, challan was only filed against the other co-accused excluding the present applicant. However, when the challan was filed learned Magistrate on the basis of the FIR took cognizance against the applicant also under section 190 of CrPC. Therefore. applicant is apprehending his arrest in the case. From case diary it appears that after the report, the statement of the complainant was recorded under section 161 of CrPC in which the complainant has disclosed that the present applicant was not present on the spot. Some other witnesses have also stated that the applicant was not present on the spot and the enquiry report of SDOP. Gohad is also found in the Case diary according to which the applicant was not found on the spot. The main accused Rinku Rajput and other co-accused Mantu haw already been granted bail after their arrest. 4. Considering the above facts, but without expressing any opinion on the merits of the case, applicant is directed to surrender before the trial Court within two weeks and in the event of his surrender he be released on bail on his furnishing personal bond in the sum of Rs. 30.000/- (Rupees thirty thousands only) with one solvent surety in the like amount to the satisfaction of the trial Court. Application stands disposed of as indicated above.