Santosh Yadav vs State of M.P.

Sheel Nagu, Judge

Case Diary is perused. Learned Counsel for the rival parties are heard.

Applicant apprehends arrest in connection with offences punishable under sections 307, 294, 323, 506B, 34 of IPC and section 25, 27 of Arms Act registered as Crime No. 95/2012 at Police Station Goraghat, District Datia.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Considering the facts that the applicant apprehends arrest for the aforesaid offences and he is alleged with overtact of wielding Lathi and assaulting Kallay, who is said to have not received any injury except reporting pain in his left arm and, therefore, the offence punishable u/s 307 of IPC does not appear on prima facie to be attributed to the applicant and the applicant does not have any criminal record as the criminal cases against him have since ended in acquittal and though the present investigation is pending but the arrest of the applicant may not solve any useful purpose, this Court, without expressing any opinion on merits of the case, is inclined to extend the benefit of bail to the applicant.

Accordingly, bail application u/S 438 Cr. P.C. is allowed in the following terms.

It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority. This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.