Mohammad Raees vs The State Of Madhya Pradesh
2021 Latest Caselaw 7449 MP

                                                                        1                           MCRC-50584-2021
                                              The High Court Of Madhya Pradesh
                                                      MCRC No. 50584 of 2021
                                                      (MOHAMMAD RAEES Vs THE STATE OF MADHYA PRADESH)

                                     3
                                     Jabalpur, Dated : 16-11-2021
                                             Shri Sankalp Kochar, learned counsel for the applicant..
                                             Shri Anshul Mishra, learned panel lawyer for the respondent/State.

T his is the first anticipatory bail application under Section 438 of Cr.P.C by the applicant. He is apprehending his arrest in connection with Crime No.464/2021, registered at Police Station Nishatpura, District Bhopal in

relation t o the offence punishable under Section 420, 34 of Indian Penal Code.

It is alleged that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. Only the offence under Section 420 and 34 of I.P.C. is registered against the applicant. He is ready to cooperate in the investigation and prays for grant of anticipatory bail in the light of Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC 469.

Per contra, counsel appearing for the State has opposed the application

and submitted that there are specific allegations against the present applicant. He has taken the amount and got the registry done in some other plot, but he could not dispute the fact that the applicant is a first offender. In view of the aforesaid, he prays for dismissal of this anticipatory bail application.

Considering the over all facts and circumstances of the case and without commenting upon the merits of the case and in the light of the judgment passed by the Supreme Court in the case of Arnesh Kumar (supra), this Court deems it appropriate to allow this application for grant of anticipatory bail. In the event of arrest, subject to verification of the fact that he is a first offender, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Fifty thousand only) Signature Not Verified SAN with one solvent surety in the like amount to the satisfaction of Arresting

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.17 12:56:34 IST 2 MCRC-50584-2021 Officer.

The applicant is directed to mark his presence before the Police Station Nishatpura, District Bhopal in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

The applicant shall submit written undertaking that he will abide by all

terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3. The applicant/s will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant/s shall not involve any other offence, in case the applicant/s indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . The applicant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.17 12:56:34 IST 3 MCRC-50584-2021 the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of. E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.17 12:56:34 IST