Madhya Pradesh High Court
Ashok Jain vs The State Of Madhya Pradesh on 17 July, 2017
(Ashok Jain Vs. State of M.P.)
1 M.Cr.C. No.6708/2017
17/07/2017
Shri J.S. Kushwah, counsel for the applicant.
Shri N.S. Kirar, Panel Lawyer for the respondent-
State.
Heard the learned counsel for the parties and perused the case diary.
The applicant is apprehending his arrest in connection with Crime No. 344/2017 registered at Police Station- Kotwali, District Ashoknagar for the offence punishable under Section 384, 507 of IPC.
As per prosecution story, the complainant namely Vipin has lodged the report at police station Kotwali, District Ashoknagar to the effect that applicant had demanded Rs. 10,000/- from him and also harassed him for taking illegal money.
Learned counsel for the applicant submits that applicant is 50 years of age. The applicant has been falsely implicated in the present case and there is no evidence against him. It is submitted that applicant is a Shopkeeper by profession. The offence alleged are triable by the Judicial Magistrate First Class. Applicant is permanent resident of the Dist. Ashoknagar and there are no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
(Ashok Jain Vs. State of M.P.) 2 M.Cr.C. No.6708/2017 Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicant. Consequently this application of applicant under Section 438, Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant Ashok Jain shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety of the like amount to the satisfaction of the Arresting Authority.
The applicant shall make himself available for interrogation by a police 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.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Bail under Section 438 of the Cr.P.C. is given for a limited period so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who shall consider his application under Sections 437 or 439 of the Cr.P.C.
Certified copy as per rules.
(S.A. Dharmadhikari) Judge Durgekar*