Keshav Thakur vs State Of Madhya Pradesh

Nandita Dubey, J

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

The applicant apprehends his arrest in connection with Crime No.148/2021 registered at Police Station SPE Lokayukta, Jabalpur Branch for the offence punishable under Sections 7(b),13(1)(b), 13(2) of PC Act.

First application of the applicant was rejected by the trial Court on the ground that the applicant did not appear when the charge sheet was filed.

The contention of learned counsel for the applicant is that the applicant was apprehensive that he might be arrested if he appears on summons before the trial Court. He submits that he was never arrested during the investigation and has co-operated with the investigation and he is still ready to co-operate with the trial. It is stated that only because of the apprehension, he could not appear. He submits that in case bail is granted, he will appear on each and every date before the trial Court and co-operate in the trial.

Counsel for the EOW/Lokayukta has also not disputed this position.

Considering the aforesaid, this application is allowed.

It is directed that in the event of arrest, the applicant shall 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. It is further directed that the applicant shall also comply with the provisions of Section 438(2) of Cr.P.C.

It is observed from the order dated 02.03.2023 that the matter is listed today, i.e., 21.03.2023 before the trial Court. The applicant is therefore directed to appear before the trial Court, today.

Certified copy today.