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2020 DIGILAW 1199 (MP)

Jai Jadhav v. State Of Madhya Pradesh

2020-11-05

NANDITA DUBEY

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JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.178/2020 registered at P.S. Koh-E-Fiza, District Bhopal, M.P. for the offences punishable under Sections 341, 427, 323, 324, 326 and 506, 34 of IPC. 3. As per prosecution, initially, an FIR was lodged under Sections 341, 427, 323, 324, 506 and 34 of IPC against the unknown persons alleging that they attacked the complainant and broke the wind screen of his Scorpio car by throwing stones on it. 4. It is submitted by learned counsel for the applicant that initially offences registered against the applicant were bailable and the bail was granted to him. However, later on, after three months another MLC was conducted and Section 326 of IPC was registered against the applicant. He was granted bail earlier which has not been misused by him. 5. Learned Panel Lawyer for the respondent/State has read out two MLC reports i.e. of 20.03.2020 and 19.06.2020. It is submitted that after second MLC, an offence under Section 326 of IPC was added. 6. On due consideration of the case diary, statement recorded and MLC particularly, it is seen that initially only four injuries were reported on the body of the complainant and from the description, they seem to be simple in nature. However, after three months in the subsequent MLC, the injuries are reported to be grievous in nature which prima facie seems to be doubtful and suspicious. 7. Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant Jai Jadhav shall be released on bail on his 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. 8. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him: 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 8. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant will comply with all the terms and conditions of the bond executed by him: 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending 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 the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during the trial; and 5. The applicant will not leave India without previous permission of the trial Court/ Investigating Officer, as the case may be. 6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court. 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective e-mail addresses, for intimation to the police station concerned. 10. Certified copy/e-copy as per rules/directions.