Kamal vs State Of M.P

Vivek Rusia, J

This is first bail application filed by the applicant under Section 438, Cr.P.C. for grant of anticipatory bail in connection with Crime No.42/2021, Police-Station-Central Kotwali, District- Indore for commission of the offence under Sections 294, 323, 452 and 506 of the Indian Penal Code.

As per prosecution case, complainant-Manoj Kumar Jain lodged a complaint that on 23.02.2021 near about 8:15 p.m. he was inside his shop namely Prakash Plaza. The present applicant came inside the shop and started abusing him by using filthy language, when he objected then he took him out and assaulted him due to which he suffered injuries to jaw, head and ear. On the basis of the complaint police has registered case under Sections 294, 323, 452 and 506 of the Indian Penal Code.

Learned counsel for the applicants submits that the applicant is brother-in-law- (jijja) of the complainant and owner of a shop in question. In support of his bail application he has filed certificate issued by the municipality corporation and he has also filed photo copy of the registered sale deed to show that owner of the shop and there is some civil dispute pending which has given the color of criminal case. Learned counsel further submits that all the offences except Section 452 of the I.P.C. are bailable offence. He submits that section 452 of the I.P.C. is not made out because the property belongs to him and assault said to have been commit because out side the shop. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Govt. Advocate opposses the bail application by submitting that no sufficient ground is made out for releasing these applicant on bail, hence the application filed by the applicants be dismissed.

Looking to the fact and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly 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;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.