Prashant Chaturvedi vs State Of Madhya Pradesh

Anuradha Shukla, J

This is first application for grant of anticipatory bail under section 438 of the Code of Criminal Procedure 1973 on behalf of the applicant who is apprehending his arrest in connection with Crime No.678/2020 dated 24.11.2020 registered at Police Station Kotwali, district Chhatarpur, for the offences punishable under Sections 379 and 414 of IPC, Sections 4 and 21 of the Mines & Minerals (Development & Regulation) Act 1957, Rule 18(1) of the Madhya Pradesh Minor Mineral Rules and Sections 146/196, 3/181 and 5/180 of the Motor Vehicles Act.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. The applicant is a permanent resident of district Chhatarpur and there is no likelihood of his absconding or tampering with prosecution evidence. The applicant is willing and ready to abide by all the directions and conditions to be imposed by this Court. He also submits that the trial would take considerable time. Therefore, prayer has been made to enlarge the applicant on anticipatory bail.

Learned counsel for the State has opposed the prayer for grant of anticipatory bail.

Heard learned counsel for the parties and perused the case diary.

In this case, it is claimed by the applicant that notice under Section 41-A of Cr.P.C. has been issued as there is reasonable apprehension that he may be arrested at the time of filing of charge-sheet.

It has been argued by learned counsel for the State that the name of applicant is reflected in the draft charge-sheet, which is annexed with the case diary, and nowhere it is mentioned in the case diary that the applicant has violated the notice given under Section 41-A of Cr.P.C. The co-accused has been granted the benefit of anticipatory bail vide order dated 23.8.2023 passed in M.Cr.C. No.35069/2023.

Looking to the fact that the apprehension of applicant regarding his arrest is not baseless, this Court considers it proper to allow the anticipatory bail application of applicant. Hence, the application is allowed.

It is directed that in the event of arrest of applicant by the police in the aforesaid crime, he shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer) for his regular appearance before the Police/Arresting Officer during the investigation or before the Court during trial.

It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C., failing which this order shall automatically stand cancelled without further reference to the Court.

Accordingly, the M.Cr.C stands allowed and disposed of.