Madhya Pradesh High Court
MCRC/22767/2015 of GOPAL SINGH PAWAR Vs THE STATE OF MADHYA PRADESH on 31 December 2015
Vs THE STATE OF MADHYA PRADESH) 31-12-2015 Shri Aseem
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MCRC-22767-2015
(GOPAL SINGH PAWARVs THE STATE OF MADHYA PRADESH)
31-12-2015
Shri Aseem K. Dixit, Advocate for the applicants.Shri Vaibhav Tiwari, Panel Lawyer for the respondent/State.Heard finally. Perused the case diary.This is the first bail application on behalf of the applicants underSection 438 of Cr.P.C.
The applicants have an apprehension of their arrest in connectionwith Crime No.344/2015 registered at Police Station Rahatgarh,District Sagar (M.P.) for the offence punishable under Sections498-A & 506/34 of IPC.
It is submitted by learned counsel for the applicants that theapplicants are innocent and have been falsely implicated in thecase. It is further submitted that as per the statement ofcomplainant Pinki, the incident was happened in the year 2012-13and after lapse of more than one year, the FIR has been lodged. Itis also submitted that the applicants are relatives of co-accusedDeepak, husband of the complainant. The applicants are reputedcitizen of the locality in the event of arrest their reputation will betarnished, therefore, they be released on anticipatory bail.Learned Panel Lawyer for the respondent/State vehementlyopposed the application for grant of anticipatory bail.
Keeping in view the submissions made by learned counsel for theparties and the facts and circumstances of the case, withoutexpressing any view on the merit of the case, I am of the view thatthis is a fit case for grant anticipatory bail to the applicants.Consequently, their application under Section 438 of the Cr.P.C. ishereby allowed.
It is directed that in the event of arrest, present applicant Nos. 1 to 8 namely Gopal Singh Pawar, Smt. Kamal Pawar, TejsingPawar, Smt. Rani Pawar, Tara Pawar, Bhawna Pawar,Sakun Shikari and Prem Narayan Shikari shall be released onbail on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with a solventsurety each in the like amount to the satisfaction of the ArrestingPolice Officer.
The applicants shall make themselves available for interrogationby a police officer as and when required. They shall further abideby the other conditions enumerated in sub-Section (2) of Section438 of Cr.P.C.
Certified copy as per rules.
(SUBHASH KAKADE)JUDGE