Dr. R.K. Singh vs State Of Madhya Pradesh

This is second application under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehend his arrest in connection with Crime No.620/2018 registered at Police Station City Kotwali, Bhind, District Bhind for offence

under Section 465, 468, 471, 193, 195, 197 of IPC.

It is submitted by learned counsel for the applicant- R.K. Singh that earlier bail order was passed in favour of the applicant in the light of Arnesh

Kumar Vs. State of Bihar (2014) 8 SCC 273. Thereafter, the applicant always cooperated the investigation. Now, the investigation is complete and

the charge-sheet has been filed. It is further submitted that the co-accused was granted bail by this Court vide order dated 18/12/2019 passed in

M.Cr.C. No.51717/2019. Under these circumstances, he prays for grant of anticipatory bail to the applicant.

Per contra, learned Panel Lawyer for the State as well as learned counsel for the complainant opposed the application and prayed for its rejection by

contending that the applicant never cooperated in the investigation and charge-sheet has to be filed. There is no changed circumstances in the case;

therefore, no case is made out for grant of this 2nd anticipatory bail.

Considering the submissions advanced, looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case,

this Court deems it appropriate to allow this bail application under Section 438 of Cr.P.C. filed by the applicant. It is hereby directed that in the event

of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lac only) with one solvent surety in

the like amount to the satisfaction of Arresting Officer/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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

The applicant shall make himself available for interrogation by a police officer as and when required. They shall further abide by the other

conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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

The applicant will not seek unnecessary adjournments during the trial; and

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

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction

to keep the same in the concerned case diary.

Certified copy as per rules.