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Judgment
28 paragraphs · 458 wordsLearned counsel for the rival parties are heard.
This is first application u/S.438 Cr.P.C. filed by the petitioner for grant of anticipatory bail.
Petitioner apprehends his arrest in connection with offence punishable u/Ss. 307, 353, 333, 436, 147, 148, 149, 395 and 506 of IPC registered as Crime
No.172/14, by Police Station Chachoda District Guna (M.P.).
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of anticipatory bail is made out.
Petitioner apprehends arrest where allegation is that arising out of an incident of mistreatment of a patient who was a relative/acquaintance of the
petitioner, death took place in the hospital and petitioner being part of enraged relative/acquaintance assaulted a few employees and doctors of the
hospital. Case diary reveals that no grievous injury was inflicted. Incident appears to be based more on impluse than intent. Report of trial Court does
not disclose that petitioner has been declared as absconder or not.
In view of above and since there is no possibility of petitioner's fleeing from justice, this court is inclined to extend benefit of anticipatory bail to the
petitioner.
Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. in the following
terms.
It is hereby directed that in the event of arrest, the petitioner-Manish Rajpoot shall be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the following conditions by the petitioner :-
The petitioner will comply with all the terms and conditions of the bond executed by him;
The petitioner will cooperate in the investigation/trial, as the case may be;
The petitioner will not indulge 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 petitioner shall not commit an offence similar to the offence of which he is accused;
The petitioner will not seek unnecessary adjournments during the trial;
The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
The petitioner shall mark his presence before the concerned Police Station firstly on 26.02.2020 and thereafter once in every week till conclusion of
the investigation.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
