Madhya Pradesh High Court
Lucky vs The State Of Madhya Pradesh on 29 June, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 18071 of 2020 (Lucky Vs. State of MP) Indore, Dated: 29/6/2020 Shri Sachin Parmar learned counsel for applicant. Shri Amol Shrivastava learned counsel for State. Heard through Video Conferencing.
This is an application filed by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced for perusal and it is accordingly perused.
The applicant is apprehending his arrest for an offence punishable under Section 187, 420, 384, 34 of IPC registered with Police Station Jawara District Ratlam in Crime No. 99/2020.
The allegation in the FIR is that during the lock-down period in the bus of the applicant migrate labourers were to be shifted without charging any fare but co-accused persons Anokhilal and Firoj i.e. driver and conductor of the bus at the instance of applicant had taken Rs. 2,000/- per labour total amount Rs. 40,000/- from the labourers.
Counsel for the applicant submits that the amount was taken by Anokhilal and Firoj, the driver and conductor of the bus and that the applicant has not taken any amount and he has been implicated only on the basis of memorandum of co-accused recorded under Section 27 of Evidence Act as the applicant is the representative of the transport. He submits that applicant has been falsely implicated and that the applicant is ready to deposit Rs. 40,000/- before the Trial court. He further submits that if the 2 applicant is arrested at this stage, he will suffer serious prejudice.
Counsel for the State has opposed the bail application. After hearing the learned counsel for the parties and on consideration of the facts and circumstances of the present case , I find it to be a fit case for grant of anticipatory bail to the applicant.
Accordingly the bail application is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No. 99/2020, the applicant be released on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with one surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned with further condition that the applicant will deposit Rs. 40,000/- before the trial court in the fixed deposit. He would abide by the conditions mentioned in Section 438(2) Cr.P.C.
Certified copy as per rules.
(Prakash Shrivastava) Judge BDJ Digitally signed by Bhuneshwar Datt Date: 2020.06.29 18:49:48 -07'00'