Vinay Kumar Mishra And Others vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This is the first application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail relating to FIR No.100 of 2023 dated 26/03/2023 registered at Police Station Shahpur, District Dindori (M.P.) for the offence punishable under Section 286 of IPC and sections 4, 5 and 6 of the Explosive Substances Act, 1908.

2 . As per prosecution story, after receiving the information from informer, SHO, P.S. Shahpur, District Dindori reached on the spot and found that during road construction work at village Choura Bhaisantola, preparations were being made to use illegal explosive substance in the said work and from the spot explosive substance were seized and accused Lehru Lal was found on the spot.

Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. It is further submitted that applicant no.1 is the license holder of the explosive substance for short fire which is valid till 31/03/2031. He was allotted the work for blasting of stones so that the pillar may be built to fix the bridge for which Gram Panchayat Choura Mall has given the consent. Trial will take a long time to conclude. There is no criminal past against the applicants and they are ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court; hence, prays for anticipatory bail.

Learned counsel for the respondent/State opposes the bail application.

Heard rival contentions of the parties and perused the entire material available on record including the case diary.

Looking to the entire facts and circumstances of the case and taking into consideration the documents filed by the applicants and nature of evidence available against the applicants at this stage with respect to alleged allegation against the applicants, I deem it appropriate to allow the application for anticipatory bail. In the event of arrest, the applicants are directed to be released on bail on their furnishing a surety bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of Arresting Officer.

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

(1) The applicant/s will comply with all the terms and conditions of the bond executed by them;

(2) The applicant/s will cooperate in the investigation/trial, as the case may be;

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

(4) The applicant/s shall not involve any other offence, in case the applicants/s indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

(5) The applicant/s will not seek unnecessary adjournments during the trial;

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

(7) If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;

(8) The applicant/s will inform the concerned S.H.O. of concerned Police Station about his/their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.