Radhavallabh Mangal And Others vs State Of Madhya Pradesh

Anand Pathak, J

The applicants have filed this first bail application u/S.438 Cr.P.C for grant of anticipatory bail. Applicants are apprehending their arrest in connection

with Crime No.98/2020 registered at police Station, Chinnoni, Distt. Morena, for the offence punishable under Sections 457 and 380 of the IPC,

further added Sec. 411 of the IPC.

It is the submission of learned counsel for the applicants that they are apprehending their arrest on the basis of registration of offences referred above.

The only allegation is of offence punishable under Sec. 411 of the IPC. The main allegations are against co-accused who have stolen the property.

They are regular traders. Confinement may bring social disrepute and personal inconvenience. They undertake to cooperate in investigation/trial. On

such premises, he prayed for anticipatory bail.

Learned counsel for the State opposed the prayer and referred the role of applicants. He prayed for dismissal of the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the rival submissions as well as the fact situation and covid-19 situation, but without expressing any opinion on the merits of the case, this

Court is inclined to allow the application under Section 438 of Cr.P.C. It is directed that applicant shall be released on bail in case of his arrest on

furnishing personal bond in the sum of Rs.100,000/- (Rs. One Lac Only) each with two solvent sureties One Lac each, with one local surety of Distt.

Morena to the satisfaction of Arresting Authority/Investigating Officer.

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

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants will not indulge themselves 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 applicants will not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial and he shall not move in the vicinity of the complainant party and shall not be

a source of embarrassment/harassment to them in any manner;

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

The applicants shall appear before the police Station Chinnoni Distt. Morena on every Sunday and Thursday between 10.30 am to 2.30 pm for

assistance in investigation till conclusion of investigation and filing of charge-sheet and any absence shall disentitle him from benefit of bail.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, from the office of this Court.

Certified copy/ e-copy as per rules/directions.