Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 7 October, 2015
MCRC-17380-2015
(ASHOK Vs THE STATE OF MADHYA PRADESH)
07-10-2015
Shri B.S. Shukla, Advocate for the applicants.
Shri Akhilesh Singh, Panel Lawyer for the respondent/State.
Heard finally. Perused the case diary.
This is the first bail application on behalf of the applicants under Section 438 of Cr.P.C.
The applicants have an apprehension of their arrest in connection with Crime No.467/2015 registered at Police Station Damoh Dehat, District Damoh (M.P.) for the offence punishable under Sections 306/34 of IPC.
It is submitted by learned counsel for the applicant that the applicants are innocent and have been falsely implicated in the case. It is further submitted that the applicants including the applicant Nos. 3 & 4 who are wives of applicant Nos. 1 & 2 respectively, are residents of Katangi and the incident took place at Damoh, which goes to show that the applicants have falsely been implicated. The applicants are reputed citizen of the locality in the event of arrest their reputation will be tarnished, therefore, they be released on anticipatory bail.
Learned Panel Lawyer for the respondent/State vehemently opposed the application for grant of anticipatory bail. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merit of the case, I am of the view that this is a fit case for grant anticipatory bail to the applicants. Consequently, their application under Section 438 of the Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant Nos. 1 to 4 namely Ashok, Prakash, Sarita and Kamni shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Police Officer. The applicants shall make themselves available for interrogation by a police officer as and when required. They 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