Madhya Pradesh High Court
Mahendra Singh @ Ujagar Patel vs The State Of Madhya Pradesh on 12 November, 2014
M.Cr.C.No.17449/2014
M.Cr.C.No.17449/2014
12.11.2014 Shri Sharad Verma, counsel for the applicant.
Shri Ajay Tamrakar, Panel Lawyer for the
State/respondent.
Heard the learned counsel for the parties. The applicant has an apprehension of his arrest relating to crime No.475/2014 registered at Police Station Maihar, District Satna for offence punishable under Sections 307, 427, 394, 397 of IPC and section 25/27 of Arms Act.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. It is alleged against 10 to 15 persons that they surrounded the guard Sharda Prasad on Gate No.1 of the factory and thereafter, someone out of those persons snatched the gun of the victim and fired from that gun. Truck driver Rajesh Namdeo sustained some injuries due to gun shot done by someone. Initially a named FIR was lodged but, name of the applicant was not mentioned in that FIR. In test identification parade the applicant could not be identified by the victim. Under such circumstances, it would be apparent that the applicant is falsely implicated in the matter. The police is unnecessarily harassing the applicant.
M.Cr.C.No.17449/2014Under such circumstances, the applicant prays for bail of anticipatory nature.
Learned Panel Lawyer for the State opposes the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that the applicant may be enlarged on anticipatory bail. Consequently, his application under Section 438, Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, present applicant Mahendra Singh @ Ujagar Patel, shall be released on bail on furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation officer).
The applicant shall make himself available for interrogation by a police officer as and when required. He 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 applicant so M.Cr.C.No.17449/2014 desires, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(N.K.GUPTA) JUDGE Pushpendra