Rameshwar vs State of Madhya Pradesh

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail.

The present applicant apprehends his arrest by Police Station - Singoli, District - Neemuch, in Crime No.148/2018 for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the applicant has drawn the attention of this towards the order dated 27.12.2018 passed by this Court in M.Cr.C. No.52284/2018, by which, anticipatory bail has been granted to the co-accused person. The order dated 27.12.2018 reads as under:-

"M.Cr.C. No.52284/2018

Prabhat Kumar v/s State of Madhya Pradesh Indore, dated 27.12.2018

Ms. Seema Sharma, learned counsel for the applicant.

Shri Vivke Patwa, learned Government Advocate for the respondent/State.

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail.

The present applicant apprehends his arrest by Police Station - Singoli, District - Neemuch, in Crime No.148/2018 for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the applicant has argued before this Court that the present applicant has prepared a lease agreement in respect of a vehicle and the allegation against him is that some interpolation has been done by him in respect of the deed of the stamp papers.

Another important aspect of the case is that earlier the applicant was a stamp vendor and, later on, he has become a lawyer.

Learned Government Advocate for the State has argued before this Court that question of grant of bail doesn't arise, as there was some interpolation in respect of the deed mentioned over the stamp pa-per and he has read out the statements available in the case-dairy.

This Court after considering the statements available in the case-diary, after hearing learned Government Advocate and without further com-menting upon the merits of the case, is of the opin-ion that present application for grant of anticipatory bail deserves to be allowed and is accordingly al-lowed

It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/- (Rs. One Lakh only) and one solvent surety of the like amount to the satisfaction of the concerning Magistrate or Arresting Officer as the case may be, with the following conditions:-

(i) that he shall make himself available for interrogation by a police officer as and when required.

(ii) that he 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) that he would comply with the condi-tions enumerated under section 437(3) Cr.P.C. meticulously.

Certified copy, as per rules."

This Court after considering the statements available in the case-diary, after hearing learned counsel for the parties and without further commenting upon the merits of the case, is of the opinion that present application for grant of anticipatory bail also deserves to be allowed and is accordingly allowed

It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.1,00,000/- (Rs. One Lakh only) and one solvent surety of the like amount to the satisfaction of the concerning Magistrate or Arresting Officer as the case may be, with the following :-

(i) that he shall make himself available for interrogation by a police officer as and when required.

(ii) that he 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) that he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.

Certified copy, as per rules.