Madhya Pradesh High Court
Ajay Katiya vs The State Of Madhya Pradesh on 1 May, 2017
MCRC-3982-2017
(AJAY KATIYA Vs THE STATE OF MADHYA PRADESH)
01-05-2017
Mr. Sharad Verma, learned counsel for the applicant. Mr. G.S. Thakur, P.L. learned for the State.
This application has been filed U/s.438 Cr.P.C. on behalf of applicant Ajay Katiya in connection with Crime No.115/17 of P.S. Gotegaon, Distt. Narsinghpur for offences under Section 294, 323, 307, 427, 452, 506/34 of I.P.C.
At the very outset, learned counsel for the applicant has drawn the attention of this Court to order dated 25.4.2017 passed in M.Cr.C. No.3976/2017 by which another co-accused was granted the benefit of anticipatory bail on account of his name not been taken in the FIR and subsequently been added in the case on the basis of C.C.T.V. footage. However, the C.C.T.V. footage though shows his presence in the scene of occurrence, does not reveal any overt-act attributable to the applicant.
The case of the applicant herein being identical to that of co-accused in M.Cr.C. No.3976/2017, as so stated by the learned counsel for the applicant, the application is allowed and it is directed that in the event of arrest, the applicant herein shall be enlarged on bail forthwith by the Arresting Officer upon his furnishing a personal bond in the sum of Rs.50,000/- with a surety in the like amount to the satisfaction of the Arresting Officer.
The applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C. He shall however join the investigation as and when directed to do so by the Police.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE a