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Judgment
19 paragraphs · 334 wordsAnjuli Palo, J
This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail filed on behalf of the applicant who is apprehending his arrest in
connection with Crime No. 97/2021 registered at Police Station Barhi, Katni (MP) for offence punishable under Sections 341, 354, 354(A), 294 and
323 of the Indian Penal Code.
As per the case of the prosecution, on 10.02.2021 at about 10:00 am when the prosecutrix along with her cousin was going to school on bicycle,
applicant came there on motor and attempted to touch her hand with bad intention. When her cousin tried to intervene, applicant abused and slapped
him. Thereafter, offence was registered against the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Due to Covid-19 pandemic situation, trial would
take considerable time, hence he be enlarged on anticipatory bail.
Learned Government Advocate for the State has strongly opposed the bail application.
Considering the facts and circumstances of the case and allegations leveled against the applicant, without commenting on the merits of the case, this
application is allowed.
It is directed that in the event of arrest of the applicant-Ramkamal Tiwari by the Police/Arresting officer in the aforesaid crime, he shall be enlarged
on bail on furnishing a personal bond in the sum of Rs. 40,000/-(Rupees Forty Thousand Only) with a solvent surety in the like amount to the
satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Police during the investigation or before the Court
during trial. It is directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C. It is made clear that the applicant
shall appear before the Investigating Officer as and when he is so directed and cooperate with the investigation and shall also appear before the trial
Court, failing which this bail order shall automatically stand cancelled without further reference to the Court.
Accordingly, the application is allowed and disposed of.