Madhya Pradesh High Court
Juvansingh vs The State Of Madhya Pradesh on 20 August, 2015
M.Cr.C.No.7275/2015
20.08.2015
Shri Brijendra Mishra, learned counsel for the
applicants.
Shri Mukesh Parwal, learned Govt. Advocate for the
non-applicant/State.
Heard with the aid of the case-diary.
ORDER
This is an application under Section 438 of the Code of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Crime No.311/2015 for the offence punishable under Sections 147, 148, 456, 366, 323 and 506-B of the IPC registered at Police Station Sitamou, District Mandsaur.
Learned Counsel for the applicants submits that the applicants are permanent resident of District Mandsaur having no criminal antecedents. The applicants have been falsely implicated in this case and they are ready to co-operate with the investigation. In such circumstances, the applicants be granted anticipatory bail.
Learned Govt. Advocate for the non-applicant/State opposes the prayer though he candidly admits that the prosecutrix has not stated anything in her statement under Section 161 of the Cr.P.C.
Considering overall facts and circumstances of the case, I am of the considered view that the applicants have made out a case for granting anticipatory bail. Accordingly, the application is allowed. It is directed that in the event of arrest applicants shall be released on bail on furnishing a personal bond in the sum of Rs.25,000.00 (Rupees Twenty Five Thousand) each with one solvent surety each in the like amount to the satisfaction of the arresting officer for their appearance in investigation as and when directed and required. Facility of this bail shall remain available to the applicants during trial with the condition that when the final report shall be filed, the applicants would furnish fresh bail bond as per this order. Applicants shall ensure that they would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438 (2) of the Code of Criminal Procedure shall be binding on them.
It is made clear that if the applicants will breach any of the condition, then this order shall automatically stand cancelled without reference to this Court and the concerning Court shall be free to take appropriate action to secure the presence of the applicants.
Certified copy as per rules.
(JARAT KUMAR JAIN) JUDGE ns