Madhya Pradesh High Court
Devendra Singh vs The State Of Madhya Pradesh Thr on 18 January, 2016
1
M.Cr.C.No.14249/2015
(Devendra Singh Vs. State of M.P.)
18.01.2016
Shri Sanjay Bahirani, Advocate for the applicant.
Dr(Smt) Anajali Gyanani, Public Prosecutor for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard.
Applicant apprehends arrest in connection with offences punishable u/Ss.3/7 Essential Commodities Act read with sec 409 & 201 of IPC IPC registered as Crime No.229/2015 at Police Station Mungawali District Ashoknagar.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
Investigation is complete. The applicant apprehends arrest in respect of aforementioned offences, where initially the applicant was granted bail by the trial Court for bailable offence punishable u/S 3/7 Essential Commodities Act. However, later on Sec 409 and 201 of IPC were added and therefore the applicant has approached this Court for grant of anticipatory bail.
Since the applicant has already been granted bail by the trial Court, there is no reason to deny bail in the changed circumstances, which does not make the case of the applicant worst and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing from justice,this Court is though inclined to extent the benefit of bail to the applicant.
Accordingly, without expressing opinion on merits of 2 M.Cr.C.No.14249/2015 the case, I deem it appropriate to allow this application u/S 438 Cr.P.C in the following terms.
It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. Till conclusion of investigation, the applicant will mark his attendance at the concerned Police Station twice a week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu)
sh/- Judge