Harish Kumar vs State Of M.P

Mohd. Fahim Anwar, J

This is first bail application filed under Section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant.

The applicant is under apprehension of his arrest in connection with Crime No.151/2020, registered at Police Station Pathrota, District Hoshangabad,

for the offences punishable under Section 379 of the IPC and Section 3 of Lok Sampatii Nikusaan Nivaran Adhiniyam.

The allegation of prosecution is that a tractor bearing registration No. M.P.05 G 5376 was intercepted during search and it was found that some illegal

sand was transporting through it by the co-accused, who was the driver of the said vehicle and he was arrested on the spot. Later on, it was found

that the said tractor was registered in the name of the present applicant. On that basis, he was arrayed in the list of accused person.

Learned counsel for the applicant has submitted that the applicant has not committed any offence. He has been falsely implicated in the crime. It is

further submitted that the applicant is ready to abide by all the conditions that may be imposed by the Court. It is also submitted that the applicant has

already sold the tractor to the co-accused who has been granted regular bail by the learned trial Court. Regarding transaction of the tractor, applicant

has been filed notarized agreement, copy of which is attached with the application. It is also submitted that the applicant is a Government Teacher and

if he is not granted anticipatory bail then his services will also adversely affected. In view of the aforesaid, it is prayed that the applicant be enlarged

on anticipatory bail.

Considering the aforesaid facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on anticipatory

bail. Therefore, without commenting on the merits of the case, application of present applicant is hereby allowed.

It is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond in the sum of

Rs.30,000/- (Rs. Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer. The applicant shall abide

by the conditions as enumerated under Section 438 (2) of Cr. P. C. The applicant shall remain present before the Investigation Officer as and when

he is directed and so also appear before the trial Court.

This application stands allowed and disposed of.

C.C., as per rules.