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Judgment
9 paragraphs · 338 wordsSubodh Abhyankar, J
This applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, he is apprehending his arrest in connection with Crime No.04/2022registered at Police Station Alot, District Ratlam for offence punishable under Sections 420 of IPC and Section 339-C of the M.P. Municipalities Act, 1961.
The allegation against the present applicant is of developing housing colonies without proper permission.
Counsel appearing for the applicant has submitted that the applicant has also been given a notice under Section 41(A) of the Code of Criminal Prodecure, 1973 and is already cooperating with the investigating authority and it is not a case where the custodial interrogation of the applicant is not necessary and that the applicant has sold the plots to individuals in the year 2018 and therefore the application for anticipatory bail of the applicant be allowed.
Counsel for the respondent / State, on the other hand, has opposed the prayer.However, it is not denied that the applicant has been given a notice under Section 41(A) of the Code of Criminal Procedure 1973.
O n due consideration of the rival submissions and perusal of the case diary, the allegations levelled against the present applicant and the fact that the applicant has been given a notice under Section 41(A) of the Cr.P.C, this Court is inclined to allow the application for anticipatory bail as the custodial interrogation of the applicant is not necessary.
Accordingly, the bail application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
Certified copy as per rules.