Madhya Pradesh High Court
Abhayraj Singh vs The State Of Madhya Pradesh on 7 October, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH : JABALPUR
M.Cr.C. No.33760/2020
(Abhayraj Singh Vs. The State of M.P. )
PRESENT :
HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO
CONFERENCING)
Jabalpur, Dated : 07.10.2020
Shri Jai Shukla, learned counsel for the applicant.
Shri A. Rajeshwar Rao, learned Government Advocate with
Shri Kamlesh Dwivedi, learned Panel Lawyer for the
respondent/State.
This the first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant.
The applicant apprehends his arrest in connection with Crime No.109/2020 registered at Police Station Special Task Force Bhopal, District Bhopal for the offence punishable under sections420, 34 of IPC and Section 30 of the Arms Act.
The prosecution case is that one Rajnandan made an application for renewal of his armed license in the year 2013 and the same was granted to him without taking No Objection Certificate from the State Government or from the District Magistrate.
Learned counsel for the applicant submits that the matter pertains to the year 2013. At that time he was working as Upper Division Clerk and has no authority to issue any license or renew a license. It is submitted that he has been falsely implicated and has been made scapegoat . He further submits that the applicant is ready to co-operate in the investigation and trial and prays that the applicant may be released on anticipatory bail.
On the other hand, Shri Kamlesh Dwivedi, learned Panel Lawyer has read out the letter issued by the Collector where he has mentioned that the present applicant has not complied with the direction and neither mentioned the Jawak number nor mentioned 2 that the NOC has been received. It is stated that 15 similar type of cases have been registered against the present applicant.
Shri A. Rajeshwar Rao, learned Govt. Advocate also opposes the bail and prayed for rejection of the same. However, on a query from the Court, it is fairly submitted by Shri A. Rajeshwar Rao, learned Govt. Advocate that there is no allegation against the present applicant the he forged the signature of the ADM on the renewed license.
On due consideration of the case diary as well as the material on record, prima facie it appears that the license to Rajnand Pandey for twelve bore gun was renewed by the signature of the then ADM. The only allegation against the present applicant is that he did not comply with the order of the Collector for calling the NOC from the DM or the State Government.
Considering the submissions made by the learned counsel for the applicant, I am of the view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed.
It is directed that applicant Abhyraj Singh shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Authority (Investigation officer).
The applicant shall also furnish a written undertaking that he will abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 co-operate in the investigation/trial, as the case may be;3
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 will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
6. If the applicant commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.
Learned Additional Advocate General is directed to send an e- copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
Certified copy/e-copy as per rules/directions.
Digitally signed by RAVI SHANKAR SHRIVASTAVA(Nandita Dubey) Date: 2020.10.07 14:20:05 +05'30' Judge rss