Dhirendra Singh vs State Of Madhya Pradesh

This is the first application under Section 438 CrPC for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.452/2019 registered at Police Station Chorahata, Distt. Rewa (M.P.) for the offence under Sections 419, 420, 467, 468, 471 and 120-B of IPC.

As per the prosecution case, the allegation against the applicant is that he along with other co-accused has fraudulently sold a plot, in question, to different persons.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted that applicant has not participated in such case and looking to the allegation no custodial interrogation or seizure is required from him. The applicant is permanent resident of District Rewa and he is not likely to flee from justice. The applicant has no criminal antecedents and he is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by this Court. Hence, prayer is made to enlarge the applicant on anticipatory bail.

Learned Government Advocate for the respondent/State has opposed the application and prayed for its rejection on the ground that present applicant in collusion with other co-accused acted against interest of the complainant.

Heard learned counsel for the parties and perused case diary.

Taking into consideration the entire facts and circumstances of the case and the role so attributed to the applicant; but without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest or surrender of applicant Dhirendra Singh before the Arresting Authority/Investigating Officer in relation to the aforementioned crime number within a period of 15 days from today, he shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety in the like amount to satisfaction of Arresting/Investigating Officer on following conditions:

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

(2) The applicant will cooperate with the Investigating Officer, if further investigation is conducted and also if interrogation or any seizure is required from the applicant;

(3) 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;

(4) The applicant shall not commit any offence during the period in which he is enlarged on bail;

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

(6) The applicant shall inform the Investigating Officer about his address and residence in case he moves out from his permanent address for any point of time;

(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

Certified copy as per rules.