R.K. Yadav vs State Of Madhya Pradesh

Sanjay Dwivedi, J

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

The applicant is apprehending his arrest in Crime No.39/2011 registered a t Police Station EOW, District Bhopal, for the offence punishable under Sections 120-B, 406, 409 and 420 of the Indian Penal Code.

Learned counsel for the applicant submits that though the FIR got registered in the year 2011, but  the charge-sheet has been filed recently on 17.10.2022 before the Court of Judicial Magistrate First Class. He further submits that seeking anticipatory bail, if the applicant appeared before the said Court which in fact does not have power to grant bail under Section 409 of the IPC, it was every likelihood that the applicant might be arrested and sent to jail. He submits that in the existing facts and circumstances of the case when the cause of action arose somewhere in the year 2010-11 and the charge-sheet has already been filed, the arrest of the applicant would not be proper. On these submissions, he prays that the applicant may be granted the benefit of anticipatory bail.

On the other hand, learned counsel for the respondent/EOW has opposed the prayer of anticipatory bail.

Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am inclined to enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.