Bhagirath vs. Rambai

MCRC-794-2016

(BHAGIRATH Vs RAMBAI)

04-07-2016

Shri B. J. Chourasiya, learned counsel for the applicant.

None for respondent no.1, though duly served.

Shri Satyapal Chadar, learned Panel Lawyer for the respondent no.2- State.

Heard arguments.

Perused case diary and material on record.

This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in Criminal Complaint Case No.UR-2015 the parties being Rambai Vs. Bhagirath and others, pending on the file of Judicial Magistrate First Class (Shri Sunil Dandotia), Rajnagar, district Chhatarpur, under Sections 420, 120-B and 34 of the IPC.

Learned counsel for the applicant submits that vide order dated 3.2.2016 this court has granted ad-interim anticipatory bail to the applicant. He has so far not misused the liberty while on bail. He submits that except the applicant, all the accused persons of the case have been granted anticipatory bail by the court below vide order dated 4.1.2016 passed in anticipatory bail application No.1024/2015 by the Special Judge, Chhatarpur, under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. He submits that the applicant is a permanent resident of Chhatarpur district. He lastly submits that the applicant is a young boy aged 19 years and that he has no criminal antecedents. Upon these submissions, he prays for grant of anticipatory bail to the applicant.

Learned Panel Lawyer opposes the prayer.

On due consideration of the facts and circumstances of the case and the

submissions raised on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that this is a fit case for grant of anticipatory bail to the applicant with certain conditions. Hence, the I.A. is allowed. It is ordered that if applicant Bhagirath is arrested by the police upon the orders of the court concerned or if he surrenders before the court concerned and it takes him into custody, in that event he be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.20,000/- (rupees twenty thousands only) with one solvent surety of the same amount to satisfaction of the arresting authority or the court concerned as the case may be. In case of bail jump, the court concerned will have power to cancel his bail.

Certified copy as per rules.

(RAJENDRA MAHAJAN) JUDGE