Judgment:
M.Cr.C.No.1645/2013 6.3.2013 Shri Subodh Kathar, Advocate for the applicant.
Shri R.K.Kesarwani, PL for the State.
This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.52/2013 registered at P.S.City Kotwali, District Chhindwara for the offence punishable under Sections 420/34, 511 of the IPC.
Learned counsel for the applicant has submitted that applicant is falsely implicated in this case.
He is Secretary of Gram Panchayat Khajri.
Similarly, placed co-accused Sarpanch has been enlarged on anticipatory bail by this Court vide order dated 14.2.2013 passed in M.Cr.C.No.1557/2013.
The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail.
Learned counsel for the 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 enlarge the applicant on anticipatory bail, therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rs.Thirty Five 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.
It is further directed that the applicant shall 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 60 days.
In the meantime, if the applicant so desires, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
Certified copy as per rules.
(G.S.Solanki) Judge PB