Madhya Pradesh High Court
Sanjay Khatik vs The State Of M.P. on 5 October, 2020
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-32940-2020
The High Court Of Madhya Pradesh
MCRC-32940-2020
(SANJAY KHATIK AND OTHERS Vs THE STATE OF M.P.)
Jabalpur, Dated : 05-10-2020
Heard through Video Conferencing.
Mr. Bramhadatt Singh, learned counsel for the applicants.
Mr. Aditya Gupta, learned Panel Lawyer for the respondent/State.
Counsel for the State submits that the case diary is available with him. This is the first application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No.204/2020, registered at Police Station Obedullaganj, District Raisen (M.P.) for the offence punishable under Section 306/ 34 of IPC.
Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. It is submitted that no specific role has been attributed to the applicants. It is further submitted that the applicants are ready and willing to cooperate with the investigation and there is no possibility of their absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicants on anticipatory bail.
Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection.
Heard counsel for the parties and perused the entire material available in PDF File.
Looking to the facts and circumstances of the case and without commenting anything on the merits of the matter, this Court is of the view that i t is a fit case, where the discretion of granting anticipatory bail to the applicants may be exercised. Accordingly, the application is allowed. It is directed that in the event of arrest or surrender of applicants-Sanjay Khatik & Ravindra Thakur before the Arresting Authority/Investigating Officer in relation to the aforementioned crime number within a period of 15 days from Signature Not Verified SAN today, they shall be released on bail on furnishing a personal bond in the sum Digitally signed by NEETI TIWARI Date: 2020.10.05 13:10:15 IST 2 MCRC-32940-2020 o f Rs.50,000/- (Fifty Thousand Rupees only) each with a solvent surety each in the like amount to the satisfaction of the Arresting Officer/Investigating Officer on the following conditions:-
(1) The applicants will comply with all the terms and conditions of the bond executed by them;
(2) The applicants will cooperate in the investigation; (3) The applicants will not indulge themselves 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 applicants shall not commit any offence during the entire period of bail;
(5) The applicants will not leave India without previous permission of the Investigating Officer;
(6) The applicants shall inform the trial Court about their address and residence in case they move out from their permanent address for any point of time;
(7) The applicants shall not contact any of the other accused persons in this case in any manner whatsoever; and (8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.
In the event of breach of any condition imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.
The applicants shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE Signature Not Verified SAN nd Digitally signed by NEETI TIWARI Date: 2020.10.05 13:10:15 IST 3 MCRC-32940-2020 Signature Not Verified SAN Digitally signed by NEETI TIWARI Date: 2020.10.05 13:10:15 IST