Madhya Pradesh High Court
Pahalwan Singh vs The State Of Madhya Pradesh on 24 November, 2014
M.Cr.C.No.10159/2014 (Pahalwan Singh Vs. State of M.P.)
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24.11.2014.
Shri Atul Gupta, Advocate for the applicant.
Ku. Nutann Saxena, Public Prosecutor for respondent /State.
Heard.
Admit.
This is first bail application under section 438 of Cr.P.C. The applicant is apprehending his arrest in connection with Criminal Case No.270/2014 registered at Police Station Shamshabad District Vidisha, for the offences punishable under Sections 394/120 B of IPC.
Learned counsel for the applicant submits that there is no evidence available against the present applicant that he was present at the time of commission of the offence. It is submitted that he has been falsely implicated on the statement of the other co- accused. Golden chain,mobile and Rs.10,000/- has also been recovered from the other accused. He also submits that there is no direct or indirect evidence available on record against the present applicant. There is no likelihood of his absconsion. In such premises. prayed for anticipatory bail.
The prayer is opposed by learned Public Prosecutor for the respondent.
After hearing, learned counsel for both the parties and considering the facts and circumstances of the case, but without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall M.Cr.C.No.10159/2014 (Pahalwan Singh Vs. State of M.P.) 2 be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.
C.C. as per rules.
(Sushil Kumar Gupta ) Judge Ak/-