Full Judgment
M.Cr.C.No.1842/2013 3.4.2013 Shri R.P.S.Thakur, counsel for the applicant.
Shri Akhilendra Kumar Singh, GA, for the respondent/State.
Heard.
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.153/2012 registered at Police Station Patera, District Damoh for offence punishable under Sections 302/149, 302/149, 147, 147, 148 and 148 of IPC.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case.
He has no criminal past.
As per prosecution, nothing is alleged against the present applicant in regard to committing the murder of deceased Todal Singh and Vishram Singh.
The only allegation against the applicant is that he was wondering here and there when the witness Suraj Singh and the deceased were in the market (place of the incident).Nothing is required to be seized from the possession of the applicant.
The possibility of his false implication cannot be ruled out.
He is ready to co-operate in the investigation.
The applicant is a reputed person of the society and in the event of arrest, his reputation would be tarnished, 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 enlarged on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rs.Thirty five thousand) with a surety bond in the like amount to the satisfaction of Arresting Officer.
The applicant shall abide by the conditions enumerated in sub-Section (2) of Section 438 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