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Madhya Pradesh High Court · body

2013 DIGILAW 1324 (MP)

Kalu @ Ramlakhan Dangi v. State of M. P.

2013-10-30

N.K.Gupta

body2013
ORDER 1. The applicant is apprehending his arrest in connection with Crime No. 186/2013 registered at Police Station Jaisinagar District Sagar for the offence punishable under section 306 of IPC. 2. Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. It is alleged against the applicant that he gave a lesser Prasad to the victim, and therefore he threw that Prasad and thereafter the applicant assaulted the victim. However, the allegations made against the applicant do not fall under section 107 of IPC, and prima facie no offence under section 306 of IPC is made out against the applicant. The police is unnecessarily harassing the applicant. Under these circumstances, he prays for anticipatory bail. 3. Learned counsel for the State opposes the application. 4. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature. Consequently, his application under section 438 of CrPC is hereby allowed. 5. It is directed that in the event of arrest, present applicant namely Kalu@ Ramlakhan Dangi shall be released on bail on his furnishing a personal bond in the sum of Rs. 35,000/- (Rupees thirty five thousand only) with a solvent surety in the liks amount to the satisfaction of the Arresting Authority (Investigation Officer). 6. The applicant shall make himself available for interrogation by a police officer as and when required. He further abide by the other conditions enumerated in sub-section (2) of section 438 of CrPC. 7. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.