Madhya Pradesh High Court
Narendra Singh vs The State Of Madhya Pradesh on 20 December, 2018
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.51165/2018
(Narendra Singh Vs. State of M.P.)
GWALIOR; dated 20.12.2018
Shri Anant Kumar Bansal, learned counsel for the
applicant.
Shri Rajesh Kumar Pathak, learned Public Prosecutor for
the respondent/State.
Heard the counsel for the parties and case diary perused. The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of anticipatory bail apprehending his arrest in connection with Crime No.165/2018, registered by police station Mau, District Bhind, in relation to the offences punishable under Sections 452, 323, 294, 506 and 34 of IPC.
It is the submission of learned counsel for the applicant that except Section 452 of IPC all other offences are bailable and just to show the gravity of the offence, this section has been added by the police. The applicant is an agriculturist and was subjected to harassment because of the fact that one of his brother has entered into a contract with the brother of complainant for purchase of land belonging to the brother of complainant whereas complainant had eye on the said land which resulted into registration of offence on the false pretext. Confinement would bring social disrepute. The applicant undertakes to cooperate in the investigation/trial and he also undertakes to make him available as and when required by the investigating officer. He further submits that earlier this court has granted anticipatory bail to co-accused Netrapal Singh and Others in M.Cr.C.No.50099 of 2018 vide order dated 14.12.2018 and the case of applicant is almost similar to that of co-accused. Hence, on the ground of parity, he prays for anticipatory bail to the applicant also.
Learned PP for the State opposes the bail application and prayed for its rejection.
Considering the facts and circumstances of the case and the ground of parity, but without expressing opinion on merits of the case, I deem it appropriate to allow this application u/S 438 2 THE HIGH COURT OF MADHYA PRADESH MCRC.51165/2018 (Narendra Singh Vs. State of M.P.) Cr.P.C. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Anand Pathak) Judge Rks.
R. K. Digitally signed by R. K. SHARMA DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=P. S., postalCode=474011, st=Madhya Pradesh, SHARMA 2.5.4.20=fddb839268e92e8a7e213279c32247 8eb4761365df45a6e590a0c9b59957024a, cn=R. K. SHARMA Date: 2018.12.20 16:58:02 +05'30'