Pankaj vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary

T his is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.181/2023 registered at Police Station Station Road, Ratlam District Ratlam (MP) for offence punishable under Sections 294, 323, 386, 506 and 34 of the Indian Penal Code, 1860.

T he allegation against the applicant is that he and other co-accused persons entered into Akhand Gyan Ashram, Ratlam with a view to hamper the Bhagwat Katha programme, which was to be held in the said Ashram and also vandalized the Ashram resulting in damage of Almirah, LCD and CCTV cameras etc.

Counsel for the applicant has submitted that the applicant and other co-accused persons are also devotee of the said Ashram and there was a dispute going on between the present management and the applicant and the other persons in respect of a CCTV camera which was installed outside the ladies bathroom.

Counsel for the applicant has further submitted that similar situated co-accused Ambar has already been enlarged on anticipatory bail by this Court vide order dated 12/04/2023 passed under M.Cr.C.14959/2023 and the applicant's case is on similar footing and is on complete parity with the co accused person. Counsel has submitted that this is the applicant's first offence and his custodial interrogation is not necessary and if he is arrested an irreparable injury shall be caused to his reputation. Thus, it is submitted that the application be allowed.

Counsel for the State has opposed the prayer and it is submitted that looking to the vandalization of the Ashram, no case for grant of anticipatory bail is made out. However, it is not denied that there are no criminal antecedent against the present applicant.

Having considered rival submissions, perusal of the case-diary and the fact that co-accused Ambar has already been enlarged on anticipatory bail by this Court vide order dated 12/04/2023 passed under M.Cr.C.14959/2023, this Court is inclined to allow the application, subject to applicant's depositing a sum of Rs.20,000/-.

Thus, without reflecting anything on the merits of the case, the application filed under Section 438 of Cr.P.C. on behalf of the applicant is hereby allowed, subject to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court.

I t is directed that upon applicant's or any other person on his behalf depositing a sum of Rs.20,000/- (Rupees Twenty Thousand only) in a fixed deposit in a nationalized bank in a week's time and producing the receipt/certificate of the same before the concerned police station, in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The deposit receipt/certificate so produced by the applicant shall be endorsed by the SHO of the concerned police station to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.

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.