Judgment:
M.Cr.C.No.3162/2013 13.3.2013 Shri P.R.Bhave, Sr.Counsel with Shri K.N.Pethia, Advocate for the applicant.
Shri R.K.Kesarwani, PL for respondent No.2/State.
Admit.
Issue notice of this admission to respondent No.1.
Steps be taken within 7 days by RAD and ordinary modes.
Notice be made returnable within 3 weeks.
Heard on I.A.No.5837/2013, an application for grant of ad-interim anticipatory bail to the applicant.
The applicant apprehends his arrest in connection with Cr.
Complaint Case No.162/2013 registered in the Court of CJM, Chhatarpur for the offence punishable under sections 504 of the IPC, 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
He is Assistant Director, Horticulture posted at Chhatarpur.
During the couRs.of office transaction, complainant lodged report against him at P.S.AJK.
The Police filed report to Supdt.
Of Police, Chhatarpur that there is a departmental dispute between the parties, no case is made out under Section 3(1)(x) of the (Prevention of Atrocities) Act, thereafter, complainant filed private complaint before CJM, Chhatarpur, who took the cognizance on the same, therefore, applicant has the strong apprehension of his arrest.
The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be released on ad-interim anticipatory bail.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to grant ad-interim anticipatory bail to the applicant, therefore, without expressing any view on the merits of the case, I.A.No.5837/2013 is allowed and it is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/-(Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of the arresting officer.
The applicant is directed to join the investigation and fully co-operate with the investigating agency.
He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.This order shall remain in force till disposal of the main application under section 438 of Cr.P.C.List for final hearing in the week commencing 8.4.2013 Certified copy as per rules.
(G.S.Solanki) Judge PB