Ashok Jatav 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.

Case diary is available.

The applicant is apprehending his arrest in connection with Crime No.215/2019 registered by Police Station Gormi, District Bhind in relation to the offences punishable under sections 324, 323, 294, 506/34, amended Section 326 of the IPC.

Learned counsel for the applicant-Ashok Jatav submitted that the applicant has been falsely implicated in the case and he has not committed any offence. On the date of incident one another FIR as cross-case has been registered at Crime No. 214/2019. The applicant is innocent. Learned counsel further submits that the investigation and thereafter trial will take time. There is no possibility of the applicant's fleeing away from justice and he is ready to cooperate in the investigation. It is also submitted that anticipatory bail application of co-accused Ram Akhtiyar Singh is allowed by this Court vide order dated 18/12/2019 passed in M.Cr.C. No. 48814/2019 Hence, counsel for the applicant seeks parity and prays for grant of benefit of anticipatory bail to the applicant.

Learned Public Prosecutor for the respondent-State opposed the prayer  made  by  the  applicant  and  prayed  for  dismissal  of  the application on the ground that the offence has been registered under Sections 324, 326, 506/34, 294 and 323 and is heinous in nature, hence no case for grant of anticipatory bail is made out.

Heard the counsel for the parties and perused the case diary.

Considering the contents of the case diary and FIR, without commenting on the merits of the case, this application deserves to be allowed. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand Only) with one solvent surety of the like amount  to  the  satisfaction  of  Arresting  Authority/  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 will cooperate in the investigation/trial, as the case may be;

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/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will 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 the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance and a copy of the order be supplied to learned Public Prosecutor for keeping the same in the record of case diary.

Certified copy per rules.