Madhya Pradesh High Court
Lokpal vs The State Of Madhya Pradesh on 4 October, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-40419-2019
(LOKPAL AND ANR. Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 04/10/2019
Shri Pramod Pachauri, learned counsel for the applicants.
Shri Aditya Singh, learned Public Prosecutor for the
respondent-State.
With consent heard finally.
The applicants have filed this first bail application u/S.438, Cr.P.C. for grant of anticipatory bail apprehending their arrest in connection with Crime No.417/2019, registered by police station Karera, District Shivpuri, in relation to the offences punishable under Sections 353, 352, 341, 506 and 294/34 of IPC.
It is alleged that no specific allegation is attributable to the present applicants regarding inflicting injury to any one. They have caused hindrance in public duty of the Government servant of Electricity Department. It is further alleged that in such circumstances offence under Section 353 IPC is not made out. They are ready to cooperate in the investigation in the matter. Upon these grounds, they pray for bail.
On the other hand, learned Public Prosecutor for State has opposed the bail application and has pointed out that offences under Sections 353 of IPC have also been registered against the present applicants and applicant No.1 is having criminal antecedents and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of THE HIGH COURT OF MADHYA PRADESH MCRC-40419-2019 (LOKPAL AND ANR. Vs THE STATE OF MADHYA PRADESH) bail is made out.
Heard learned counsel for the parties and perused the case diary. In the fact situation of the case, considering the submissions made by learned counsel for the applicants and there is no specific allegation regarding inflicting of injury to any one against the present applicants, without expressing any opinion on merits of the case, this Court deems it appropriate to allow this application filed by applicants.
It is hereby directed that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) each with one solvent surety of the like amount to the satisfaction of Arresting Officer/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicants:-
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. 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.
3. The applicants will not indulge the in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial;
THE HIGH COURT OF MADHYA PRADESH MCRC-40419-2019 (LOKPAL AND ANR. Vs THE STATE OF MADHYA PRADESH) and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicants shall have to mark their appearance on every first week of every month before concerned Police Station, till filing of charge-sheet. C.C. as per rules.
(VISHAL MISHRA) JUDGE LJ* LOKENDRA JAIN 2019.10.05 14:53:09 +05'30'