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Madhya Pradesh High Court · body

2015 DIGILAW 1009 (MP)

Anar Ji v. State of M. P.

2015-09-23

JARAT KUMAR JAIN

body2015
ORDER 1. This is first application under section 438 of the Code of Criminal Procedure. The applicants are seeking anticipatory bail in connection with Crime No.436/2015 for the offences punishable under sections 327, 294, 120B, 323 and 506 of IPC read with section 3(1)(x) of SC and ST (Prevention of Atrocities) Act registered at Police Station, Rajgarh (Biaora). 2. Learned counsel for the applicants submits that the applicants No.1 and 2 are senior citizens and applicant No.4 is a Government servant and all the applicants are agriculturists. They are permanent resident of District Rajgarh (Biaora). They have been falsely implicated in this case. There was a civil dispute between the applicants and complainant and prima facie there is a general allegations against the applicants that they used to abuse the complainant by naming their caste but there is no specific allegations. Therefore, the provisions of section 18 of the Act shall not be attracted in this case. The applicants are ready to co-operate with the investigation. In such circumstances, the applicants may be granted anticipatory bail. 3. On the other hand, learned Government Advocate for the non-applicant/State vehemently opposes the prayer. He submits that in the present case provisions of section 18 of the Act are attracted, therefore, the applicants are not entitled for anticipatory bail. Therefore, he prays for dismissal of the application. 4. Considering the overall facts and circumstances of the case and the allegations against the present applicants, I am of the view that the applicants have made out a case for granting anticipatory bail. Accordingly, the application is allowed. It is directed that in the event of their arrest in the aforesaid crime, they be released on anticipatory bail on each of them furnishing a personal bond in the sum of Rs.25,000/- [Twenty five thousand rupees] with one solvent surety each in the like amount to the satisfaction of the arresting officer for their appearance in investigation as and when directed and required. Facility of this bail shall remain available to the applicants during trial with the condition that in case the final report is filed, the applicants shall furnish fresh bail-bond as per this order. Applicants shall ensure that they would not commit any such offence during currency of bail and rest of the conditions stipulated under section 438 (2) of the Code of Criminal Procedure shall be binding on them. 5. Applicants shall ensure that they would not commit any such offence during currency of bail and rest of the conditions stipulated under section 438 (2) of the Code of Criminal Procedure shall be binding on them. 5. It is made clear that if the applicants will breach any of the condition, then this order shall automatically stand cancelled without reference to this Court and the concerning Court shall be free to take appropriate action to secure the presence of the applicants.