Vivek vs State of M.P.

Sheel Nagu, Judge

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

Applicant apprehends his arrest in connection with offences punishable u/s. 452, 336, 294, 427, 506 of IPC registered as Crime No. 552/12 at Police Station Dabra, district Gwalior (M.P.)

Learned counsel for applicant submitted that the applicant is innocent and has been falsely implicated in the instant case and the disposal of the case will take time. Under these circumstances, the applicant prays for anticipatory bail.

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

This Court by interim order dated 28.09.2012 has already extended the benefit of interim anticipatory bail to the applicant which has not been misused by him. Perusal of the case diary does not indicate that a different view than the one taken on 28.9.12 should be taken in the present case. Therefore, this Court is inclined to confirm and continue the said order of interim anticipatory bail but on certain stringent condition as the applicant has criminal antecedent. Accordingly, without expressing opinion on merits of the case, I deem it appropriate to allow this application u/s. 438 Cr. P.C. in the following terms.

It is hereby directed that in the event of arrest, applicant shall be released on bail on furnishing a personal bond of Rs. 1,00,000/- (Rupees One lac only) two solvent sureties of Rs. 50,000/- each of the like amount to the satisfaction of Arresting Authority. This order will remain 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 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. Certified copy as per rules.

Looking to the criminal antecedents, the applicant will mark his attendance at the concerned Police Station twice in a week.