Banti vs State of Madhya Pradesh & anr

This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail by the petitioner.

Petitioner apprehends his arrest in connection with offence punishable u/Ss. 147, 148, 149, 307, 394 of IPC registered as Crime No.774/14 (private complaint), by Police Station Mow, District Bhind (M.P.).

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

The incident is of 2010 where offence of attempt to murder is registered arising out of a complaint case. Main accused who used firearm to cause gunshot injury was Jaswant whereas petitioner was merely present at the scene of crime armed with Lathi. No overt act is alleged against petitioner as per available copy of the complaint in the case diary. The possibility of over/false implication cannot be ruled out.

In view of above and looking to the fact that material placed on record does not disclose possibility of the petitioner fleeing from justice, this court though is inclined to extend benefit of anticipatory bail to the petitioner but with certain stringent conditions in view of pending investigation.

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following terms.

It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority. This order will remain operative subject to compliance of the following conditions :-

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

The petitioner will cooperate in the investigation/trial, as the case may be;

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

The petitioner will not seek unnecessary adjournments during the trial;

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

The petitioner shall mark his attendance before the concerned trial Court once every fortnight, till conclusion of the investigation.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.