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Madhya Pradesh High Court

Manbharan Tiwari vs Chhotelal Garg on 15 November, 2017

            THE HIGH COURT OF MADHYA PRADESH
                      MCRC-15530-2017
                     (MANBHARAN TIWARI Vs CHHOTELAL GARG)




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  Jabalpur, Dated : 15-11-2017




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        Shri Deepak Okhde, learned counsel for the applicant.

                                           Pr
        Shri Hitendra Singh, learned counsel for the respondent.

This is first anticipatory bail application filed on behalf of the a hy applicant under Section 438 of the Code of Criminal Procedure.

The applicant is apprehending his arrest in connection with ad Complaint Case No.RCT/714/2017 pending before JMFC Satna, M District Satna (MP), for offence punishable under Sections 120, 420, 467, 468, 471, 294 and 506-B of IPC.

of Learned counsel for the applicant contends that on the complaint rt of respondent, above criminal case has been registered under Section ou 202 of Cr.P.C. and notice has been issued to the applicant for his appearance before that Court. The offence for which case has been C registered are triable by Sessions Judge and he has apprehension that h in case of his appearance before that Court, he may be taken into ig custody. He is permanent resident of district Satna, therefore, there is H no chance of his absconding. There is no criminal antecedent against the applicant. It is also submitted that the applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court and cooperate with the trial. On these grounds, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

Per contra, learned Government Advocate submits that offence is triable by Court of Session and looking to gravity of offence bail should not be granted to the applicant.

I have gone through the order passed by the Court below, 7th ASJ, Satna, and after considering the facts and circumstances of the case and also to the fact that co-accused Anil has already been granted anticipatory bail, without expressing any opinion on the merits of the sh case, I am of the view that the applicant has a good case for grant of e anticipatory nature. Consequently, his application under Section 438 ad of Cr.P.C. is hereby allowed.

It is directed that applicant will surrender himself before Pr Investigating Officer within ten days from the date of receipt of a certified copy of this order and then in the event of arrest, applicant -

hy Manbharan Tiwari be released on bail on his furnishing bail bond in ad the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety of the same amount, to the satisfaction of the Arresting M Authority.

of The applicant shall make himself available for interrogation by a police officer as and when required. he shall further abide by the rt other conditions enumerated in sub-section (2) of Section 438 of ou Cr.P.C.

C Certified copy as per rules.

h ig (H.P. SINGH) H JUDGE S /-