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Judgment
13 paragraphs · 501 wordsRajendra Kumar Vani, J
This is the first application filed by the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail relating to Crime No.79/2026 registered at Police Station Amahiya, District Rewa for the offence punishable under Sections 296(a), 119(1), 115(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
It is submitted by learned counsel for the present applicant that the applicant has been falsely implicated in this case. He is innocent and is ready to abide by the conditions as imposed by the Court. It is submitted that the applicant is 69 years of age. It is submitted that the applicant is an advocate in Rewa. The applicant has been falsely implicated in this case alleging that he demanded money for consuming liquor, but he was not involved in this case because two cases have been simultaneously registered against him at Crime No.78/2026 and 79/2026 under the same sections of BNS, 2023. Upon such submission, counsel for the applicant submits that the applicant is entitled for grant of anticipatory bail.
3 . Per contra, counsel for the State has vehemently opposed the application on the ground that in the present case two persons have sustained various injuries although simple in nature, but, keeping in view the nature of offence and the criminal antecedent against the present applicant, he does not deserve the benefit of grant of anticipatory bail.
Having heard the learned counsel for the parties and keeping in view the attending facts and circumstances of the case, particularly the age of the applicant, this Court is inclined to release the present applicant on anticipatory bail. Thus, without commenting on the merits of the case, the application is allowed and it is directed that in the event of arrest the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned Arresting Officer/trial Court/Committal Court as the case may be.
This order will remain operative subject to compliance of the following conditions by the applicant :-
"i) The applicant shall make himself available for interrogation by a police officer as and when required and will cooperate in the investigation/trial, as the case may be;
ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
iii) The applicant shall not commit an offence similar to the offence of which he is accused;
(iv) The applicant will not seek unnecessary adjournments during the trial;
v) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
vi) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically."
Certified copy as per rules.
