Sudhir Sharma v. State Of M.P.

Arguments heard. Case diary perused.

This is first application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant.

The applicant apprehends his arrest in connection with Crime No. 290/2013 registered at Police Station, Bhanwarkuwa, District Indore for the offence punishable under Section 420 of the Indian Penal Code.

It is submitted that the applicant is innocent and he has been falsely implicated in the case.

It is also argued on behalf of the applicant that there is no evidence against the accused for his arrest.

Unnecessarily on the basis of previous enmity, this FIR has been lodged.

Learned Public Prosecutor appearing for the respondent/State has opposed the bail application and prays for its rejection by contending that on the basis of the allegations and material available on record, no case for grant of anticipatory bail is made out.

Considering the facts and circumstances of the case, in the opinion of this Court, this is a fit case where anticipatory bail can be granted.

Accordingly, without commenting on merits of the case, this anticipatory bail application is allowed and it is hereby directed that the applicant shall surrender before the trial Court in the week commencing 20 May, 2013 and on his surrender, instead of sending him to Jail, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (rupees one lakh) with one solvent surety of the like amount to the satisfaction of the trial Court on the condition that he shall remain present before the Court concerned during the trial. It is also made clear that the applicant shall also comply by the conditions enumerated under Section 437(3) of the Criminal Procedure Code and so also as imposed by the trial Court.

It is made clear that if any condition of bail bond is violated by the applicant, then this bail order will automatically be treated as cancelled and further steps, in accordance with law, may be taken by the trial Court against the applicant as well as against the surety, without seeking any order/direction from this Court.

A copy of this order be sent for compliance to the Court concerned.

C. c. today.