Kalluram Ahirwar vs State Of M.P.

I.A. No. 3033/2020, an application for exemption from filing the affidavit, is taken up, considered and allowed for the reasons mentioned therein and the applicant is exempted from filing the affidavit.

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

The applicant is apprehending his arrest in connection with Crime No. 08/2020 registered at Police Station Gauraghat, District Datia (M.P.) for the offences punishable under Sections 452, 323, 294, 506, 34, 147 and 148 of the IPC.

Learned counsel for the applicant Kalluram Ahirwar has submitted that the applicant is a government servant and has been falsely implicated. He has not committed any offence. The applicant has previously lodged a FIR against the complainant party at Crime No. 07/2020 registered at Police Station Gauraghat, District Datia and in order to pressurize the applicant to compromise the matter in the said case, this false case has been registered against the applicant by the complainant party. It is further submitted that except Section 452 of the IPC, all other sections are bailable and in Section 452 of the IPC maximum 7 years punishment is provisioned. Hence, prays for grant of anticipatory bail in the light of the judgment passed by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, [(2014) 8 SCC 273].

Counsel for the State opposed the prayer and prayed to reject the bail application of the applicant looking to the nature of offence.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Looking to the overall facts and circumstances of the case and without commenting on merits of the case, the application is allowed.

It is directed that in the event of arrest, the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting 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 her;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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/she is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.