High CourtsSingle Bench

Rakesh Kumar Tripathi vs State Of M.P

Madhya Pradesh High Court · Decided on 7 June 2021 · Citation: (2021) 06 MP CK 0025

HON’BLE JUDGES
Nandita Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 454, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.26514 Of 2021
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Judgment

27 paragraphs · 428 words

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No. 29/2021 registered at P.S.Alipura, District-Chhatarpur for the offences punishable

under Sections 454 and 506/34 of IPC.

As per proseuction, one Mohan Yadav has lodged a report that five persons including the present applicant entered the palace of Alipura State after

breaking the lock.

Learned counsel for the applicant submits that co-accused, namely Anulhaq, has already been released on anticipatory bail by this Court in

M.Cr.C.No.19256/2021 on 30.04.2021. The case of present applicant is also similar to the case of Anulhaq. On the ground of parity, the present

applicant may also be granted anticipatory bail.

Learned PL has objected to grant of bail. However, he fairly submits that co-accused Anulhaq has already been granted anticipatory bail by this Court

in the aforesaid M.Cr.C.

Considering the aforesaid, I am of the view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on

the merits of the case, on the ground of parity, this application is allowed.

It is directed that in the event of arrest, applicant Rakesh Kumar Tripathi shall be released on bail on his furnishing a personal bond in a sum of Rs.

50,000/-(Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer.

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

1.

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

2.

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

3.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.

The applicant will not seek unnecessary adjournments during trial;

5.

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

6.

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

reference to the Court.â€​

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to learned Panel Lawyer, on their respective

email addresses, for intimation to the police station concerned.

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