Madhya Pradesh High Court

MCRC/22557/2015 of MOHD. TAIFIQ Vs THE STATE OF MADHYA PRADESH on 31 December 2015

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Vs THE STATE OF MADHYA PRADESH) 31-12-2015 Ms. Gayatri

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MCRC-22557-2015

(MOHD. TAIFIQVs THE STATE OF MADHYA PRADESH)

31-12-2015

Ms. Gayatri Ladiya, Advocate for the applicant.

Shri Vaibhav Tiwari, Panel Lawyer for the respondent-State.Heard on admission.

Admit.

Case diary is available.

With the consent of the parties the case is heard finally.

This is the first bail application filed by the applicant underSection A of the Cr.P.C. for grant of anticipatory bail.

The applicant has an apprehension of his arrest in connectionwith Crime No.863/2015, registered at Police Station Maihar,District Satna, for the offences punishable under Sections 294,327, 323, 506, 34, IPC.

Learned counsel for the applicant submits that he has falsely beenimplicated in the case. It is further submitted by the learnedcounsel for the applicant that there is no direct evidence againstthe applicant to bring out his role in participation of allegedoffence. He has been falsely implicated due to previous enmitybetween the complainant. The applicant is a student of B. ComSecond Semester. He is also not having any past criminalantecedents, in the event of arrest, his reputation will betarnished, therefore, he be released on anticipatory bail.

On the other hand, learned Panel Lawyer for respondent-Statehas vehemently opposed the application for grant of anticipatorybail.

Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, withoutexpressing any view on the merits of the case, I am of the viewthat this is a fit case for grant of anticipatory bail to the applicant.Consequently, the application under Section 438 of the Cr.P.C. ishereby allowed.

It is directed that in the event of arrest, present applicant- Mohd.Taufiq shall be released on bail on furnishing a personal bond inthe sum of Rs.20,000/- (Rupees twenty thousand only) with asolvent surety in the like amount to the satisfaction of theArresting Police Officer.

The applicant shall make himself available for interrogation by apolice officer as and when required. The applicant shall furtherabide by the other conditions enumerated in sub-Section (2) ofSection 438 of Cr.P.C.Certified copy as per rules.

(SUBHASH KAKADE)JUDGE

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