Madhya Pradesh High Court
Balram Sahu vs M.P. Rajya Vidyut Mandal on 16 February, 2016
MCRC-19177-2015
(BALRAM SAHU Vs M.P. RAJYA VIDYUT MANDAL)
16-02-2016
Ms. Tulsa Kosta, Counsel for the applicant.
Shri Utkarsh Agrawal, Counsel for Respondent.
Heard.
This is an application under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with Crime No.72/2015 registered at Police Station Barela, District Jabalpur for the offence punishable under Section 135 of Electricity Act,2003 pending before the Additional Sessions Judge, Electricity Act No.8, Jabalpur.
Learned counsel for the applicant submits that since the applicant was residing for some time at Allahabad, the summons and the bailable warrant issued against him could not be served. She submits that the applicant is now again residing at village Doonga, Mahgaon, Police Station Barela district Jabalpur and he will make himself available before the trial Court on all the dates as may be fixed by it.
On the other hand Shri Utkarsh Agrawal, Counsel for the respondent has opposed the application. He submits that the applicant is avoiding the service of summons and warrant and as such prayer for anticipatory bail be rejected.
Having considered the submissions made by the learned counsel for the parties and having regard to the contentions raised by them, I am inclined to allow this application.
Accordingly, the M.Cr.C. is allowed. On applicant's furnishing personal bond in the sum of Rs.50,000/- with one local surety of village Doonga Mahgaon, Police Station Barela district Jabalpur to the same amount, he be released on bail. The applicant shall further abide by all the conditions enumerated under Section 438(2) of Cr.P.C. Certified copy as per rules.
(SHANTANU KEMKAR) JUDGE