Ravendra Pandey vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.163/2020 registered at Police Station Sabhapur, District Satna for the offence punishable under Sections 294, 323, 327 and 506/34 of IPC.

Allegation against the applicant is that he abused the complainant at the public place and also assaulted and caused injuries when the complainant refused to pay money for consuming liquor.

Learned counsel for the applicant has submitted that the applicant is innocent. There is a business and political rivalry between the complainant and the applicant on account of which he has been falsely implicated. When the relationship between the parties were tense, there is no possibility of demanding money for consuming liquor. It is a cooked story with the connivance of the police. There is no need to arrest the applicant for the purpose of investigation. There is no likelihood of his absconding or tempering with the witnesses. Trial will take time. Hence, he be enlarged on bail.

Learned P.L. and the learned counsel for the objector has opposed the aforesaid contention and prayed that a fair investigation will take place in case the applicant is taken into custody. Hence, the application be rejected.

Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, this court is of the view that the applicant is entitled to get the benefit of the bail. Hence, this application is allowed.

It is directed that in the event of arrest or surrender of applicant Ravendra Pandey before the Arresting Authority/Investigating Officer in relation to aforementioned Crime number, within a period of 15 days from today, he shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer. If he fail to do so, the effect of this order shall be vacated automatically.

The applicant/accused is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.