Madhya Pradesh High Court
Satendra Yadav vs The State Of Madhya Pradesh on 8 July, 2010
M.Cr.C. No.5491/2010
8.7.2010
Shri Narayan Dubey, counsel for the applicant.
Shri A. Tamrakar Public Prosecutor for the
respondent/State.
Heard on IA. No.9931/2010, an application for urgent hearing.
Since case diary is available, application is allowed. Heard both the parties.
Case diary of Crime No.352 of 2010 registered at Police Station Garha, District Jabalpur for offence punishable under Sections 294, 341, 506 and 327 of I.P.C perused.
Applicant has an apprehension of his arrest for aforesaid crime.
Learned counsel for the applicant submits that except the offence under Section 327 all other offences are bailable. There is no allegation in the FIR that the applicant has assaulted anyone and, therefore, offence under Section 327 of I.P.C is not made out. Police has registered case under Section 327 of I.P.C to detain the applicant unnecessarily. Therefore, he prays for bail of anticipatory nature.
Learned Public Prosecutor opposes the application. He submits that there are two criminal cases registered against the applicant in past.
Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances, I am of the view that this is a fit case for grant of anticipatory bail to the applicant. Consequently, this application under Section 438 Cr.P.C is hereby allowed. It is directed that in the event of arrest, applicant Satendra Yadav shall be released on bail on furnishing a personal bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority.
The applicant shall further abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 30 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Certified copy as per rules.
(N.K. Gupta) Judge bina