Amar Singh Rathore vs State Of Madhya Pradesh

The applicant has filed this first bail application under section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.166/2019 registered at Police Station Gohad, District Bhind in relation to the offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.

Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. The applicant has not committed any offence. He has been falsely implicated. Omnibus allegations have been made against the applicant. No specific allegation has been made against the applicant. It is further submitted that co-accused Smt. Saroj has already been granted anticipatory bail by this Court vide order dated 20.09.2019 passed in M.Cr.C.No.39948/2019. If he is arrested, his image in the society would be ruined. There is no possibility of his absconding or tampering with the prosecution evidence. Hence, counsel for the applicant prays for grant of anticipatory bail.

Learned Public Prosecutor for the State opposed the application on the ground that there is allegation against the applicant. Hence, he prayed prayed for its rejection.

Heard learned counsel for the parties and perused the case diary. Looking to the facts and circumstances of the case, this Court deems it appropriate to allow this application under Section 438 of Cr.P.C. filed by the applicant.

It is hereby directed that in the event of arrest the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/ Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C..

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be ;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor for the State with a direction to keep the same in the concerned case diary.

Certified copy as per rules.