Jitendra Singh vs State of M.P.

D.K. Paliwal, J.—Heard.

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

The applicant is apprehending his arrest in connection with Crime No. 472/2013 registered at Police Station Ambah, District Morena for the offence punishable under sections 147, 148, 149, 353, 336, 307 of IPC and under sections 25/27 of Arms Act.

As per the prosecution case, on receipt of information that some dacoits have been collected and they are planning to commit some serious offence, the Police party reached to the spot and saw that 6-7 persons were sitting in the house of Bhanu Tomar. They were Parmal, Stepni @ Vijendra and four others. The Police asked to open the door but Bhanu Tomar, Parmal, Stepni and four others started abusing the Police party. They also started firing at the Police party. Some persons have also thrown stones on the Police party.

It is submitted by learned counsel for the applicant that he has falsely been implicated in the alleged offence. The applicant has not committed any offence. It is further submitted that the applicant has not named in the FIR. He has been involved after seven days of incident. There is no likelihood of his absconsion. Hence, prayed for anticipatory bail.

The prayer is opposed by learned Public Prosecutor and submits that applicant has previous criminal history.

Case diary perused.

The applicant is not named in the FIR. During investigation Pramod Chaturvedi, Ramchandra, Virendra Gupta, Raghvendra Singh and Hitendra Rathore were stated the name of the applicant. All these witnesses have stated that the name of the applicant has been told by the villagers after the incident which has been taken place on 23.8.2013. The statement of six witnesses have been recorded on 29.8.2013 and 1.9.2013. As per the criminal record five cases are registered against the applicant out of which one is u/s 307 of IPC, two are u/s 323, 324 of IPC and one is u/s 399 of IPC.

Considering the fact that the applicant is not named in the FIR and his name has been disclosed after one week of the incident by the villagers, the statement of such villagers have not been recorded, but without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 2,00,000/- (Rs. Two Lac Only) with two solvent sureties of Rs. 1,00,000/- (Rs. One Lac) each in which one is local surety to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.

C.C. as per rules.