Madhya Pradesh High Court
Narendra Singh vs The State Of Madhya Pradesh on 17 August, 2012
M.Cr.C. No. 8600/2012
17/08/2012
Shri Sunil Mishra, learned counsel for the applicant.
Shri C.K. Mishra, learned Govt. Advocate for the
respondent/State.
Heard finally.
This is the first bail application filed by applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime No. 17/09, registered at police station Bamnora, District Chhatarpur for the offence punishable under Sections 409 and 420 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is alleged against this applicant that he made the forged muster roll. It is further submitted that the main accused Pushpendra Singh, Secretary of the Panchayat has already been enlarged on anticipatory bail by this Court vide order dated 6/07/2012 passed in M.Cr.C. No. 5574/2012 and case of this applicant is just similar to him. He is ready to co- operate in further investigation. In the event of arrest, his reputation will be tarnished therefore, he prays for grant of anticipatory bail to the applicant.
Learned counsel for State opposes the bail application. On due consideration of the contention raised by learned counsel for the parties alongwith the nature of allegation made against the applicant, I am of the view that it is a fit case to release him on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant Narendra Singh shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 35,000/- (Thirty Five Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court.
It is further directed that the applicant shall abide by the conditions enumerated in Section 438 (2) of the Cr.P.C.
This order shall remain in force for a period of 60 days. In the meantime, the applicant if so desires, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
It is also clear that if the committal Court/trial Court issues an arrest warrant against the applicant due to his absence before the Court, then in such event this order be deemed ineffective.
C.C. as per rules.
(G.S.SOLANKI) Judge navin