Madhya Pradesh High Court
Kamalbhan Singh vs The State Of Madhya Pradesh on 22 September, 2014
M.Cr.C. No. 14630/2014
22.09.2014.
Shri Amit Dubey, Advocate for applicant.
Shri R.N.Yadav, PL for the respondent/State.
Case diary is available. Heard finally. The applicant apprehends his arrest in connection with Crime No. 227/2014 registered at P.S. Manpur, District Umariya for the offence punishable under Sections 363,366,376(2),506 Part-II of the IPC and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act, 1989.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He further submitted that co-accused Sushil is the main accused, present applicant is only care taker of the concerned lodge. It is wrongly mentioned in the order under challenge that it is a case of gang rape. No case with regard to SC & ST Act is made out at all. The applicant is ready to co-operate in the investigation and trial. The applicant is a reputed citizen of the locality, in the event of arrest his reputation will be tarnished, therefore, he be released on anticipatory bail.
Learned counsel for State has opposed the application. I have perused the case diary.
On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing on the merits of the case, this application is allowed.
It is directed that in the event of arrest, applicant Kamalbhan Singh shall be released on bail on his furnishing a personal bond in a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of arresting officer.
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.
Certified copy as per rules.
(Subhash Kakade) Judge Jk.