Ashok Patidar vs State Of MP

Sujoy Paul, J

This is first bail application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime

No.38/2021 registered at Police Station- Amjhara, District-Dhar for the offence punishable under Section 354(A), 452 & 506 of IPC.

Learned counsel for the applicant submits that as per prosecution story, the applicant entered the house of the complainant on 23/01/2021 at around

5:30 PM and caught hold of her with bad intention. The applicant threatened her and left the place. Shri Gupta submits that this is an afterthought in

order to get rid off applicant's complaint dated 18/01/2021 (page 14). In this complaint preferred on 18/01/2021 i.e. before the date of the incident, the

applicant requested the concerned police station to take action against Deepak Sirvi (husband of the complainant), who is allegedly running a gambling

business from his house. In order to get rid off aforesaid allegation, the applicant has been falsely implicated. The applicant will cooperate with

investigation and trial (if any). He is an agriculturist. He will not flee from justice. The applicant may be enlarged on bail.

The prayer is opposed by the Panel Lawyer as well as counsel for the Objector. Shri Gokhale submits that applicant has criminal antecedents. The

same ground is taken by learned counsel for the other side.

I have heard the parties on this aspect.

In view of nature of accusation, I deem it proper to grant the benefit of anticipatory bail to the applicant. The applicant being an agriculturist will not be

able to flee from justice. Applicant shall not influence the witnesses and evidence in any manner. Before leaving the village, he shall give written

intimation to the concerned police station. Accordingly, the bail application for anticipatory bail is allowed.

In the event of arrest, the applicant-Ashok Patidar S/o Ramkishan Patidar be released on anticipatory bail on furnishing personal bond in the sum of

Rs.30,000/- (Rs. Thirty Thousand) along with one surety in the like amount to the satisfaction of arresting officer for his appearance before the

Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant

during currency of bail.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.