Bharat Vs. the State of Madhya Pradesh

Bharat vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 26, 2013

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https://sooperkanoon.com/case/1041439

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Citation: sooperkanoon.com/1041439
Court: Madhya Pradesh High Court
Decided On: Feb 26, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Bharat

Respondent

The State of Madhya Pradesh

Excerpt

.....is not the main accused. the allegation of making assault by sword is against co.accused dabbu and other persons. nothing has been alleged against the applicant. initially, the offence under section 326 of the ipc was not registered, later-on on the basis of medical report, same has been added. the applicant is ready to co.operate in the investigation and trial. the applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail. learned counsel for the state has opposed the application. on due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, i am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of rs.25,000/- (rs.twenty five thousand only) with one surety in the like amount to the satisfaction of the arresting officer. it is further directed that the applicant shall abide by the conditions enumerated in sub-section (2) of section 438 of cr.p.c.this order shall remain in force for a period of 60 days. in the meantime, if the applicant so desires, may apply for regular bail before the competent court, which shall be considered by that court in accordance with law. certified copy as per rules. (g.s.solanki) judge pb

Full Judgment

M.Cr.C.No.1032/2013 26.2.2013 Shri Madan Singh, Advocate for the applicant.

Shri R.K.Kesarwani, PL for the State.

This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.13/2006 registered at P.S.Pathariya, District Damoh for the offence punishable under Sections 147, 148, 149, 294, 506-(B).324, 323, 326 of the IPC.

Learned counsel for the applicant has submitted that applicant is falsely implicated in this case.

He is not the main accused.

The allegation of making assault by Sword is against Co.accused Dabbu and other persons.

Nothing has been alleged against the applicant.

Initially, the offence under Section 326 of the IPC was not registered, later-on on the basis of medical report, same has been added.

The applicant is ready to Co.operate in the investigation and trial.

The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail.

Learned counsel for the State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the arresting Officer.

It is further directed that the applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.This order shall remain in force for a period of 60 days.

In the meantime, if the applicant so desires, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.

Certified copy as per rules.

(G.S.Solanki) Judge PB

Same Court & Year Madhya Pradesh · 2013 Same Parties Bharat vs The State of Madhya Pradesh Same Subject Education