Pushpendra Singh vs State Of M.P

S.A. Dharmadhikari, J

The applicant has filed this first application under Section 438 of Cr.P.C., for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.248/2021 registered at Police Station- Cant, District- Guna (M.P.) for the offence punishable under Sections 379 and 414 of IPC, Sections 4A/21 (1) of Mines and Minerals (Development and Regulation) Act and Sections ¾ of the Prevention of Damage to Public Property Act.

Allegations against the applicant, in short, are that the applicant, being Building Material Supplier, stored the sand on that place whose tenancy has expired in the year 2017 but he was still storing illegal sand there.

Learned counsel for the applicant submits that the applicant, who has no criminal past alleged against him, has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that mere expiry of tenancy cannot be a ground to implicate the applicant in the present offence. The Collector, District- Guna has granted permission of storing the sand for a period of five years w.e.f. 14/04/2019 to 09/04/2024, therefore, no offence has been committed by the applicant. It is also submitted that the applicant is a reputed citizen of the locality and if he is arrested, his entire social reputation would be tarnished. The applicant is a permanent resident of District- Guna and there is no likelihood of his absconsion, if he is released on anticipatory bail. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

On the other hand, learned Panel Lawyer opposed the prayer for grant of anticipatory bail.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

Accordingly, this application is allowed and it is hereby directed that in the event of arrest of the applicant, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority. The applicant shall also furnish a written undertaking that he shall abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

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

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

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;

The applicant will not seek unnecessary adjournments during the trial; and

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

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.