Satish Chavri vs State Of Madhya Pradesh

This is first bail application under Section 438 of Cr.P.C. preferred by the applicant for the alleged offences registered at Crime No.373/2019 at Police Station Banmore, District Morena for the offence punishable under Sections 294, 506, 195-A of I.P.C.

It is alleged by the learned counsel for the applicant that applicant has falsely been implicated in the case. He has not committed the offence in any manner. He further submits that for the offence under Section 195-A of I.P.C., the complaint has to be made. There is no criminal antecedents against the present applicant. He further submits that except the offence under Section 195-A of I.P.C. all other offences are bailable. He has relied upon the order of Coordinate Bench of this Court, considering the similar proposition wherein the bail application was allowed vide order dated 17/12/2019 in M.Cr.C.No.49031/2019 and he has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and ors., reported in (2014) 8 SCC 273 and has prayed for grant of anticipatory bail.

Per contra, counsel for the State has opposed the bail application and submits that there are specific allegations against the present applicant. Even the threatening has been given on telephone and CD has been prepared wherein the presence of the present applicant is clearly reflected. He submits that the investigation is going on and has prayed for rejection of the bail application.

Heard the learned counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case and taking into consideration the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra), this Court is inclined to grant benefit of anticipatory bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. 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 in the sum of Rs.50,000/- (Rs. Fifty thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.

This order will remain operative subject to compliance of the following conditions :-

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 and will keep himself present as and when called for by I.O. or Trial Court.

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;

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

Till conclusion of investigation, the applicant will mark his attendance at the concerned Police Station in the first week of every month.

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