Mohit Patel And Others vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first application under Section 438 Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime

No.45/2021 registered at Police Station- Tendukheda District Narsinghpur for the offence under Sections 354, 354(A), 354(D), 506 and 509 of IPC.

It is alleged that applicants have have uploaded obscene messages on some group. On the basis of aforesaid, police has registered offence against the

present applicants and the co-accused.

Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated. Due to previous enmity, the applicants

have been implicated in the matter. The complainant is in habit of lodging false police complaints. It is further submitted that the applicants have no

criminal past and no custodial interrogation is required in this matter.

They are ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court; hence, prays for anticipatory

bail.

Learned counsel for the respondent/State opposes the bail application and prays for it's rejection. He fairly conceded that as per case diary, there is no

criminal antecedents against the applicants.

Heard rival contentions of the parties and perused the entire documents annexed with the case diary.

Looking to the entire facts and circumstances of the case, nature of allegations and the fact that the applicants are the first offender and they have no

criminal past, hence without expressing any opinion on merits of the matter, this application is allowed. It is directed that in the event of arrest or

surrender of applicants Mohit Patel, Kamlesh Ghoshi and Somnath Kushwaha before the Arresting Authority/Investigating Officer in relation to the

aforementioned crime number within a period of 15 days from today, they shall be released on bail on furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty thousand) each with a solvent surety each in like amount to satisfaction of Arresting/Investigating Officer on following

conditions:

(1) The applicants will comply with all the terms and conditions of the bond executed by him;

(2) The applicants will cooperate in the investigation/trial, as the case may be;

(3) The applicants will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicants shall not commit any offence during the period of bail;

(5) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(6) The applicants shall inform the Investigating Officer/trial Court about his address and residence in case he moves out from permanent address for

any point of time;

(7) The applicants shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail was/were granted under that section. In the event of

breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail

granted today.

The applicants shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.

Certified copy as per rules.