Dinesh and Another vs State of M.P. and Another

S.K. Gangele, Judge

Heard. This is first application filed by the applicants u/s 438 of Cr.P.C. for grant of anticipatory bail.

Respondent no.2-complainant filed a private complaint case no. 725/2007 (Criminal Complaint) against the applicants and on the basis of aforesaid complaint, the applicants are apprehending their arrest for an offence punishable under Sections 420, 468, 120-B of IPC and warrant of arrest has been issued against them.

The Hon''ble Supreme Court in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and Others, (2008) 1 SCC (Cri) 259 in regard to issuance of non-bailable warrant of arrest in a complaint case has held as under:-

In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court''s proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants.

Looking to the principle laid down by Hon''ble Supreme Court, the application is hereby allowed and stands disposed of. It is directed that if the applicants surrender before the court concerned, they be released bail on their furnishing a personal bond in the sum of Rs. 50,000/-(Rupees fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned Court. The applicants shall also abide by all the conditions as enumerated u/s 437(3) of Cr.P.C.

Copy of this order be sent to the Court concerned for information and compliance. C.c. as per rules.