High CourtsSingle Bench

Om Prakash Patel vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 9 July 2021 · Citation: (2021) 07 MP CK 0079

HON’BLE JUDGES
Rajeev Kumar Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 120B, 166A, 409, 418, 420
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.33635 Of 2021
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Judgment

23 paragraphs · 376 words

Rajeev Kumar Dubey, J

This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant Om Prakash Patel apprehends his arrest in connection

with Crime No.97/2021 registered at Police Station Rajnagar, District Chhatarpur for the offence punishable under Sections 120-B, 166-A, 409, 418,

420 of the IPC.

A s per prosecution story applicant in connivance with co-accused Jagbhan Singh illegally took 30 Kg. wheat from farmer Gopal. Thus, they

committed fraud with him.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. The applicant is ready to cooperate in

the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for grant of bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the overall facts and circumstances of the case and the fact that the

applicant has no criminal past, without expressing any view on the merits, this application is allowed. It is directed that in the event of arrest of the

applicant by the Police in the aforesaid crime, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular

appearance before the Police during the investigation or before the Court during trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1.The applicant will comply with all the terms and conditions of the bond executed by him;

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

3.The applicant 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial;

and

6.The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.