Banti Gurjar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

Petitioner has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail.

Petitioner apprehends arrest in connection with offences punishable u/Ss.353, 332, 186, 147, 148, 149, 336, 395 IPC and u/S.11/13 of Madhya Pradesh Dakaiti Vyapaharan Prabhavit Kshetra Adhiniyam ("MPDVPK Act" for brevity).

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.

Allegation against the petitioner is of being part of mob which attacked the police party who had come to arrest absconding warrantee. Petitioner is not named in the FIR. Name of the petitioner is figured after nearly three months in the statement of witness Manoj Parmar recorded under Section 161 Cr.P.C. on 05.08.2019. Thus, possibility of over/false implication cannot be ruled out. Accordingly, prima facie, since offence u/S 11/13 MPDVPK Act is not made out, bar contained u/S.5 of MPDVPK Act would not apply.

Considering the above facts and that material on record does not indicate possibility of the petitioner fleeing from justice, this court is though 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, petitioner-Banti Gurjar 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 shall comply with all the terms and conditions of the bond executed by him;

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

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

The petitioner shall not seek unnecessary adjournments during the trial;

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

The petitioner shall mark his presence before the concerned Police Station firstly on 06.02.2020 and thereafter once a week till conclusion of the investigation.

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