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Madhya Pradesh High Court · body

2019 DIGILAW 305 (MP)

Nepal Singh Jat v. State of M. P.

2019-04-09

RAJEEV KUMAR SHRIVASTAVA

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ORDER 1. Heard the learned counsel for the parties and perused the case diary. 2. The applicant has an apprehension of his arrest in connection with Crime No. 136/2019 registered at Police Station Cantt., District Guna for the offences punishable under sections 323, 294, 506, 324 and 326 of IPC. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present matter. Initially the case was registered for the bailable offence punishable under sections 323, 294, 506 of IPC, later on during investigation sections 324 and 326 of IPC have been added. The applicant is not required for custodial interrogation. There is no possibility of his absconding or tampering with the evidence. Under these submissions, he prays for grant of anticipatory bail to the applicant. 4. Leaned Public Prosecutor for the respondent/State opposed the application and prayed for its rejection by contending that on the basis of allegation and material available on record, no case for grant of bail is made out. 5. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that this is a fit case for grant of bail of anticipatory nature. Consequently, the present application under section 438 of CrPC is hereby allowed. 6. It is directed that in the event of arrest, the present applicant Nepal Singh Jat be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the Arresting Authority (Investigation Officer). 7. 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 CrPC. 8. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court. 9. Bail under section 438 of the CrPC is given for a limited period so that the evidence received against the applicant during further investigation may be considered by the concerned Court, who shall consider his application under sections 437 or 439 of the CrPC.