Judgment:
M.Cr.C.No.3316/2013 18.3.2013 Shri Pramod Thakre, Advocate for the applicant.
Shri R.K.Kesharwani, PL, for the respondent-State.
Heard finally.
This is an application under Section 438 of Cr.P.C for grant of anticipatory bail.
Applicant apprehends his arrest in connection with Crime No.362/2012 registered at Police Station Garhakota, District Sagar for offence punishable under Sections 327, 329, 294, 506, 342/34 of IPC.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case.
Initially applicant was released on anticipatory bail for the offences punishable under Sections 327”
294. 506, 342 ,34 of IPC.
Thereafter, at the time filing the charge, an offence punishable under Section 329 of IPC has been added against the applicant, therefore he apprehends against his arrest.
He has not misused the liberty granted to him during bail.
Similarly placed co-accused Rohit Husain, Niyamat Husain, Salamat Husain have already been enlarged on anticipatory bail by this Court vide order dated 5.3.2013 passed in M.Cr.C.No.2812/2013.
The case of this applicant is similar to their case therefore, he prays for grant of anticipatory bail to the applicant.
Learned counsel for the State has objected the prayer for grant of anticipatory bail to the applicant.
Considering the contentions raised on behalf of the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that present is a fit case for grant of anticipatory bail.
The application is allowed.
It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand ) with a solvent surety in the like sum to the satisfaction of Arresting Officer subject to compliance of terms and conditions as enumerated in Section 438(2) of Cr.P.C.It is further directed that applicant shall join the investigation and fully co-operate with the Investigating Agency.
This order shall remain in force for a period of 60 days.
During this period, if the applicant so desires, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
C.C.as per rules.
(G.S.Solanki) JUDGE ravi