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Judgment
29 paragraphs · 537 wordsThis is the first application under Section 438 Cr.P.C. for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.30/2016
registered at Police Station-GRP Satna, District- Satna (M.P.) for the offence under Sections 293, 294, 307 of IPC.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. It is stated that the complainant has made
false allegations against the present applicant due to some political rivalry. The trial will take time to conclude. It is further submitted that the applicant
has no criminal past. The applicant is ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court;
hence, prays for anticipatory bail.
Learned counsel for the respondent/State opposes the bail application and prays for it's rejection.
Heard rival contentions of the parties and perused the entire material available on record including the case diary. The applicant has filed the copy of
the FIR lodged against the unknown persons in connection with Crime No.29/2016 for having committed offence under Section 353, 332, 186 of IPC
and 145 of Railway Act.
Looking to the entire facts and circumstances of the case and taking note of the aforesaid FIR lodged against the unknown persons, this Court is of
the considered view that it is a fit case, in which, discretion of granting anticipatory bail may be exercised by this Court. Accordingly, this application is
allowed without commenting anything on merits of the case. It is directed that in the event of arrest or surrender of applicant - Dr. Amit Pandey
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.50,000/-(Rupees Fifty Thousand) with a solvent surety in 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 in the investigation/trial, as the case may be;
(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/trial Court 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;
(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.
In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for
cancellation of bail granted today.
Certified copy as per rules.
