IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 6^th OF MAY, 2022 MISC. CRIMINAL CASE No. 22235 of 2022 Between:-

BALWAN SINGH S/O LAXMAN SINGH , AGED ABOUT 45 YEARS, OCCUPATION: LABOURER R/O VILLAGE ARJANI TEHSIL SULTANPUR, POLICE STATION SULTANPUR, DISTRICT- RAISEN, M.P.

(MADHYA PRADESH)

.....APPLICANT (BY SHRI PUSHPENDRA DUBEY, ADVOCATE FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SULTANPUR DISTRICT- RAISEN, M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SANTOSH YADAV, DEPUTY GOVERNMENT ADVOCATE FOR THE STATE)

This application coming on for hearing this day, the court passed the following:

ORDER

This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail on behalf of the applicant Balwan Singh S/o Laxman Singh aged about 45 years, who is apprehending his arrest in connection with case Crime No.109/2022 registered at Police Station Sultanpur, District Raisen (M.P.) for offence punishable under Sections 327, 294, 323 and 506 of IPC.

I t is submitted that present applicant is innocent and has been falsely implicated in this case. Except for Section 327, all other sections are bailable. It is submitted that story of extortion has been falsely made so to make a case under Section 327 whereas the allegations made by the complainant are not corroborated with the record. It is submitted that MLC of Durga Prasad S/o Ganga Ram is available on record as was carried out on 06.04.2022 at about 8:00 PM wherein, it Signature Not is mentioned that there is an aberration on caused by hard and blunt object but SAN Verified nature of the injury is simple.

Digitally signed by APARNA TIWARI Date: 2022.05.06 It is submitted that incident took place on 06.04.2022 between 15:00- 15:30 hours. Intimation was given to the Police Station at 19:50 hours, thereafter medical was carried out. There is no reason assigned for delay in FIR.

It is further submitted that due to old enmity, this case has been registered.

Injured is Durga Prasad. Applicant is innocent, he is a reputed person in the village, just to cause dent to his reputation and on account of dispute over agriculture land, a false case has been registered.

Shri Santosh Yadav, learned Dy. Government Advocate in his turn opposes the prayer for grant of anticipatory bail.

Taking these aforesaid facts into consideration, this is a fit case to extend benefit of anticipatory bail to the applicant and without commenting any opinion on the merits of the matter, the application for grant of anticipatory bail application is allowed It is directed that applicant- Balwan Singh is extended benefit of anticipatory bail, subject to applicant surrendering before the I.O. within 15 days' from today and in case he surrenders before the I.O. then I.O. shall let him on bail after accepting personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Arresting Officer for his appearance before the concerned Police Station and on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure on the following conditions :-

(1) The applicant will comply with all the terms & conditions of the bond executed by him;

(2) The applicant will cooperate in the investigation with the Investigating Officer & shall appear as & when directed by the Investigating Officer and on completion of the investigation if charge sheet is filed, shall appear before the Trial Court on each & every date given by the Trial Court without fail;

(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 shall not commit any offence during the period in which he is enlarged on bail;

(5) The applicant will not leave In