Golu @ Aman Hussain vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 575

IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J.
Golu @ Aman Hussain v. State of M. P.
Miscellaneous Criminal Case No. 53617 of 2021 (I); Decided on 10.11.2021*

Advocates:
Tushar Bhedasgaonkar for applicant; Avdesh Polekar for respondent/State; Arun Mankar for complainant.

Headnote:
Criminal P.C. 1973 -- Ss. 438 and 438 (2) -- Penal Code, 1860 -- Ss. 294, 323, 324, 307 and 34 — anticipatory bail -- dispute took place in family -- cross-case also registered -- anticipatory bail allowed to accused persons of complainant party -- custodial interrogation of applicant does not appear necessary -- anticipatory bail allowed. [Paras 5 to 7]
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ORDER

1. This is applicant's first application under section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. He is apprehending his arrest in connection with Crime No.96/2021 registered at Police Station Manak Chowk, District Ratlam (MP) for offence punishable under sections 294, 323, 324, 307 and 34 of IPC.

2. The allegations against the applicant is that he along with other co-accused persons assaulted the complainant party.

3. Counsel for the applicant has submitted that the dispute took place in the family only and a cross case was also registered at Crime No.97 of 2021 under sections 294, 323, 324, 307 and 34 of IPC and in the cross case this Court taking note of the fact that the dispute took place in the family only has already allowed the anticipatory bail to the accused persons of the complainant party and in the present case also the complainant party have no objection if the bail application is allowed.

4. Counsel Shri Arun Mankar appearing for the complainant has submitted that he has no objection if the application is allowed.

5. On due consideration of submissions and on perusal of the case-diary, this Court finds force with the contentions raised by the counsel for the applicant. In such circumstances, custodial interrogation of the applicant does not appear necessary. Accordingly, without adverting to the merits of the case, the application is allowed.

6. It is directed that in the event of arrest, applicant Golu @ Aman Hussain shall be released on bail, upon his executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) and furnishing separate solvent sureties in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

7. The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in sub section (2) of Section 438 of the Code of Criminal Procedure, 1973.

8. Accordingly, Miscellaneous Criminal Case No.53617/2021 stands allowed.

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