Madhya Pradesh High Court
Ram Lallu Shah vs The State Of Madhya Pradesh on 24 June, 2015
MCRC-8092-2015
(RAM LALLU SHAH Vs THE STATE OF MADHYA PRADESH)
24-06-2015
Shri A.P. Shah, Advocate for the applicant.
Shri R.N.Yadav, P.L. for the respondent/State.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.1339/2013 registered at P.S. Waidhan, District Singrauli for the offences punishable under Sections 147, 148, 149, 144, 151, 152, 353, 332, 341, 294, 506, 307, 440, 342, 186, and 188 of the IPC and Section 3/4 of Prevention of Damage to Public Property Act.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. One Akhilesh Sahu died in the police custody, therefore, the villagers were agitating against the police. A mob of about 500 persons was present in the police premises, at that time someone pelted the stones and due to revengeful attitude, the police has registered the case against the applicant. He further submitted that similarly placed co-accused persons namely Kamksha Shah, Lakhanlal Sahu, Gopal Shah, Sabhapati Shah and Shatrughan Lal Shah have also been released on anticipatory bail by this Court in M.Cr.C. Nos.5819/2014, 1438/2015, 6829/2014, 8023/2014 and 10731/2014 vide orders dated 16.06.2014, 19.03.2015, 26.06.2014, 16.06.2014 and 21.08.2014 respectively and the case of the applicant is similar to them. He 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.
On due consideration of the contention raised by the learned counsel for the parties, the fact that there was an agitation by a mob of about 500 persons and the fact that similarly placed co-accused has been released on anticipatory bail by this court, I am of the considered view that it is a fit case to release the applicant on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed.
It is directed that in the event of arrest, the applicant 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 is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial.
Certified copy as per rules.
(G.S. SOLANKI) JUDGE