Rohit Rai vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first prearrest application for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure filed on behalf of applicant

Rohit Rai.

The applicant is apprehending his arrest in connection with Crime No.924/2020 registered at Police Chowki, Salichowka, Police Station, Gadarwara,

District- Narsinghpur for commission of offences punishable under Sections 379 and 414 of the IPC.

The case of the prosecution against the applicant, in short, is that the driver of the tractor bearing Registration No.MP05AH3142 was illegally carrying

sand without paying the royalty. The applicant is the owner of the aforesaid tractor. During arguments, this fact brought in the knowledge of this Court

that the applicant has paid the fine imposed by the Collector (Mining) because the tractor of the applicant was carrying sand without paying the royalty

and applicant has submitted an affidavit that he has paid the penalty imposed upon him.

Learned counsel for the applicant submits that applicant has falsely been implicated in this case, therefore, it has been prayed that applicant be

released on anticipatory bail.

Learned Panel Lawyer for the respondent/State, on the other has opposed the application.

Having heard both the learned counsel for the parties. Considering all the facts and circumstances of the case, this Court is now inclined to extend the

benefit of anticipatory bail to the applicant under Section 438 of the Code of Criminal Procedure.

It is directed that the applicant shall appear before the concerned Investigating Officer/concerned authority on or before 27.01.2021.

It is further directed that in the event of arrest, applicant shall be released on anticipatory bail, on his furnishing a personal bond in the sum of

Rs.50,000/- and furnishing one solvent surety in the like amount to the satisfaction of Arresting Authority for his appearance before the trial Court on

all dates fixed in the case and for complying with the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

If the applicant does not appear before the concerned Investigating Officer/concerned authority on or before 27.01.2021 the bail granted in this case

shall stand cancelled.

Certified copy as per rules.