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Judgment
10 paragraphs · 366 wordsSubodh Abhyankar, J
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicant under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.15/2026 registered at Police Station Manawar, District Dhar for the offence punishable under Sections 119(1), 126(2), 296(b) & 351(2) of B.N.S., 2023.
3] The allegation against the applicant is of extortion.
4] Counsel for the applicant has submitted that the applicant has been falsely implicated in the case on account of business rivalry. It is also submitted that the complainant has no objection if the application is allowed.
5] Counsel for the complainant submits that he has no objection if the application is allowed.
6] Counsel for the State has opposed the prayer, and it is submitted that 16 other cases have also been registered against the applicant.
7] On due consideration of submissions, perusal of the case-diary, looking to the nature of allegation, and the fact that the complainant has no objection if the application is allowed, this Court is inclined allow the present application as the custodial interrogation of the applicant under the facts and circumstances of the case would not be necessary.
8] Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, who shall decide the same, in accordance with law.
9] Accordingly, MCRC stands allowed.
