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Jeevan Singh vs The State Of Madhya Pradesh on 2 November, 2018

The High Court Of Madhya Pradesh



Jabalpur, dated: 02.11.2018

Dr. (Shri) Anuvad Shrivastava, learned counsel for the
Shri S.D. Khan, learned Government Advocate for the

Heard on I.A. No.18188/2018, an application for grant of
ad-interim anticipatory bail.

The applicant apprehends his arrest in connection with
Crime No.274/2018 registered by Police Station Gunga, District
Bhopal under Sections 376, 354, 452 and 506 of the Indian Penal

The case of the prosecution is that, on 02.10.2018 at about
09:00 pm when the prosecutrix, aged about 30 years was in her
house, the applicant entered her house and tried to commit rape
with her forcefully. She has raised an alarm and got hold of a box
of chilly which she has sprinkled in his eyes, as a result of which
applicant was unable to fled from the house. At the same time her
husband and brother-in-law have reached the house. They have
beaten the applicant. In the FIR prosecutrix has also narrated that
before three months of incidence, when she had gone to bring the
wood from jungle, applicant has caught hold her and committed
rape on the point of Axe and also threatened her. She had not
narrated the incidence because of the fear that her husband
abandoned her. On the report of the prosecution, offence under
Sections 354, 376, 452 and 506 of IPC has been registered
against the applicant.

Learned counsel for the applicant submitted that the
applicant has not committed any offence and has falsely been
implicated in the crime. It is further submitted that there is a
dispute regarding fishing in the river which is situated near the

Digitally signed by TAJAMMUL
Date: 03/11/2018 02:52:53
The High Court Of Madhya Pradesh


applicant’s agricultural field. In this regard the applicant has
submitted a complaint to the Director General of Police, Bhopal
on 05.10.2018. It is also submitted that the main incident alleged
to have taken place three months ago. No plausible explanation is
given for not lodging the report regarding that offence. It is also
submitted that the applicant has sustained grievous injuries and is
admitted in Leelawati Memorial Hospital, Bhopal. The doctor of
the said hospital has also issued a certificate in which it is
certified that applicant is suffering from fracture. He is unable to
stand and walk. It is also submitted that the applicant is
permanent resident of the address described in the application.
He is ready and willing to furnish sufficient surety as imposed
upon him. In view of the aforesaid, a prayer to grant ad-
anticipatory bail to the applicant on medical ground.

Learned Government Advocate for the respondent/State on
the other hand has opposed the application.

On perusal of the case diary, on going through the facts
and circumstances, looking to the medical certificate dated
01.11.2018 and photographs of the applicant filed with the
application, it shows that applicant is seriously hurt and admitted
in hospital. It is also certified by the doctor of Leelawati
Memorial Hospital, Bhopal that the applicant is unable to stand
and walk.

However, in view of the medical condition of the
applicant, the application for ad-interim anticipatory bail
deserves to be allowed.

Consequently, I.A. No.18188/2018 stands allowed.
It is directed that in the event of his arrest the applicant
shall be released on ad-interim anticipatory bail for a period of
three months on furnishing a personal bond in the sum of
Rs.50,000/- with a solvent surety in the same amount to the

Digitally signed by TAJAMMUL
Date: 03/11/2018 02:52:53
The High Court Of Madhya Pradesh


satisfaction of the Arresting Officer for his appearance before the
High Court on next date of hearing and for complying with the
conditions enumerated under Section 438 (2) of the Cr.P.C,

The order shall remain in force for a period three months
from today.

Let the matter be listed for consideration of his application
for regular anticipatory bail on 28.01.2019.

Certified copy as per rules.

(Mohd. Fahim Anwar)

Digitally signed by TAJAMMUL
Date: 03/11/2018 02:52:53

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