ORDER

Heard learned counsel for the parties through VC.

Case diary perused.

This is the first bail application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail. Applicant apprehends arrest in connection with Crime No.225/2022 registered at Police Station- Nateran, Vidisha for the offences punishable under Sections 294, 323, 324, 506, 34 of IPC, further added Section 326 of IPC.

The case of the prosecution is that on 03.08.2022 at about 7:00 pm one complainant Kale Khan while he was going by motorcycle to Ganjbasoda at near village Lakhakhedi and Amoda adjacent to a Pulia accused Akhtar Khan, Firdos Khan, Gufran and Mubarik stopped Kalekhan. Firdose and Gufran Khan caught hold of him while Akhtar tried to stabbed him in his stomach, but Kale Khan somehow escaped and while doing so, his left hand small finger got injured.

It is submitted by learned Counsel for the applicant that earlier offence under Section 324 of IPC has been registered, however, later on, looking to the injury which has been caused in the little finger finger of the injured Kale Khan, offence under Section 326 of IPC has been enhanced. It is submitted that applicant is innocent has wrongly been implicated. He is ready to abide by any stringent condition which may be imposed by this Court. On these grounds, he prays for bail.

On the other hand learned public prosecutor submits that applicant has a criminal history and one more offence under Section 294, 323, 506 if IPC has been registered against the applicant and on the basis of that he prays for dismissal of bail application.

After going through the case diary and looking to the nature of injury and allegations leveled against the applicant and since there are no criminal antecedents of the applicant, this court deems it fit to grant anticipatory bail.

Accordingly, without commenting on the merits of the case, this anticipatory bail application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before

22/01/2023, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 22/01/2023 then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

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/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial;

and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.

(MILIND RAMESH PHADKE)

V. JUDGE ar