MCRC/22764/2015 of RAJ BAHADUR Vs THE STATE OF MADHYA PRADESH on 31 December 2015

Arguments

MCRC-22764-2015

(RAJ BAHADURVs THE STATE OF MADHYA PRADESH)

31-12-2015

Shri Brajesh Choubey, Advocate for the applicant.Shri Vaibhav Tiwari, Panel Lawyer for the respondent/State.Heard finally. Case diary is perused.This is the first bail application on behalf of the applicant underSection 438 of Cr.P.C.

The applicant has an apprehension of his arrest in connection withCrime No.526/2015 registered at Police Station N.K.J, District Katni(M.P.) for offence punishable under Sections 363, 366, 120-B & 34of IPC.

Learned counsel for the applicant submits that applicant has beenfalsely implicated in this case. It is further submitted that co-accused Kamlesh Kumar Yadav abducted the prosecutrix, sister ofcomplainant Shiv Pratap Singh. It is also submitted that as perAnnexure A/2, marriage has already been solemnized between co-accused Kamlesh and the prosecutrix. Finally, it is submitted thatonly allegation against the present applicant is that he hadcooperated with co-accused Kamlesh. The applicant is reputedcitizen of the locality in the event of arrest his reputation will betarnished, therefore, he be released on anticipatory bail.Learned Panel Lawyer has vehemently opposed the application forgrant of anticipatory bail on the ground that the prosecutrix hasnot been recovered from the possession of co-accused Kamlesh sofar.

Keeping in view the submissions made by learned counsel for theparties and the facts and circumstances of the case, without expressing any view on the merit of the case, I am of the view thatthis is a fit case for grant anticipatory bail to the applicant.Consequently, his application under Section 438 of the Cr.P.C. ishereby allowed.

It is directed that in the event of arrest, present applicant RajBahadur shall be released on bail on furnishing a personal bond inthe sum of Rs.25,000/- (Rupees Twenty Five Thousand only)with a solvent 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. He shall further abide by theother conditions enumerated in sub-Section (2) of Section 438 ofCr.P.C.

Certified copy as per rules.

(SUBHASH KAKADE)JUDGE