Madhya Pradesh High Court
Ashutosh Misrha @ Alok Mishra vs The State Of Madhya Pradesh Thr on 10 January, 2017
(M.Cr.C.No.14984/2016, Ashutosh Mishra alias Alok Mishra and others
Vs. State of M.P.)
1
10.1.2017
Shri Pradeep Katare, learned counsel for the
applicant.
Shri J.M. Sahani, learned Panel Lawyer for the
respondent/State.
Learned counsel for the applicants submit that looking to the nature of the case and with the help of the copy of the impugned order the matter may be considered.
Heard the learned counsel for the parties. The applicants have apprehension of their arrest in connection with Crime No.303/2016, registered at Police Station Lahar, District Bhind for the offences punishable under Sections 452,323, 294, 506, 34 of IPC.
Learned counsel for the applicants submits that the applicants are youth of age group 19 to 21 years, who have no criminal past alleged against them. Except of offence punishable under section 452 of IPC remaining offences are bailable. The present matter is triable by the Court of JMFC and therefore, it is not so grave. Offence under section 452 of IPC is not so grave so that the applicants may not be enlarged on anticipatory bail. However, the applicants assure this Court that they will cooperate in the investigation. Under these circumstances, the applicants pray for bail of anticipatory nature.
(M.Cr.C.No.14984/2016, Ashutosh Mishra alias Alok Mishra and others Vs. State of M.P.) 2 Learned Panel Lawyer opposes the applications. Keeping in view the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicants have a good case for grant of bail of anticipatory nature. Consequently, both the applications under Section 438 of Cr.P.C. are hereby allowed.
It is directed that in the event of arrest, the present applicants, Ashutosh Mishra alias Alok Mishra, Amar Mishra and Satyam Basediya be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one solvent surety each of the like amount to the satisfaction of Arresting Authority (Investigation Officer).
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.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicants so desire, may move an application for regular bail before the competent Court. Bail under Section 438 of the Cr.P.C. is given for a limited period so that the evidence received against the applicants during further investigation may be considered by the concerned (M.Cr.C.No.14984/2016, Ashutosh Mishra alias Alok Mishra and others Vs. State of M.P.) 3 Court, who shall consider their application under Sections 437 or 439 of the Cr.P.C.
C.C. as per rules.
(N.K. Gupta) Judge pawar/-