Madhya Pradesh High Court
Ghanshyam vs Manmohan Shukla on 2 November, 2016
MCRC-18990-2016
(GHANSHYAM Vs MANMOHAN SHUKLA)
02-11-2016
Mr.Narendra Nikhare, learned Counsel for the applicant.
Mr.Amit Pandey, Learned Panel Lawyer for the State/respondents.
This is the first application filed by the applicant-accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Criminal Case No./Complaint No.2032/2016, police station-Gadarwara, pending before the Court of Judicial Magistrate First Class, Gadarwara for offence registered under Section 420 of IPC.
The allegation against the applicant is that on the basis of false information he got false caste certificate and take other benefits on the aforesaid caste certificate.
It is submitted that against the applicant on the basis of complaint lodged by the private person a criminal case about the false caste certificate has been registered, which is not maintainable. Only the competent authority may examine the alleged fact. The applicant is a government servant and his custody is not required in this case and if he is not enlarged on anticipatory bail, his career will be adversely affected.
Looking to the facts and circumstances of the case, it is ordered that if the applicant is arrested by the Arresting Officer, he shall be released on bail on furnishing a bond and a surety bond for a sum of Rs.40,000/- (Rupees Forty Thousand Only) to the satisfaction of the Arresting Officer. The applicant is directed to join the investigation immediately and fully co- operate with the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. C.C. as per rules.
(J. P. GUPTA) JUDGE rk.