M.Cr.C. No.7664/2010
09.09.2010
Shri G.S.Ahluwaliya, Advocate for the
applicant.
Shri R.N.Yadav, Panel Lawyer for the
respondent/State.
Heard on IA No.15094/2010, an application
for urgent hearing.
Since the case diary is available, the
application is allowed.
Also heard both the parties.
The applicant is apprehending his arrest in
connection with Crime No.189/2010 registered at
Police Station Babai District Hoshangabad for the
offence punishable under Sections 452, 323, 506 of
IPC and Sections 3/4 of Explosive Substances Act.
Learned counsel for the applicant submits
that the applicant was in love affairs with the
daughter of the complainant, and therefore, the
complainant had made a false report against the
applicant. On the date of incident, the applicant
was not there at the place of incident. At that time,
he was attending the marriage of one Rajendra at
Chandankhera District Narsinghpur, therefore he
could not reach the spot. Learned counsel for the
applicant further submits that no offence under
Sections 3/4 of Explosive Substances Act is made
out, because no explosive substance was found at
the spot. The police did not send any material to
the FSL for examination. There is no allegation
that the applicant had assaulted or used criminal
force against any of the victim or complainant at
the time of incident, therefore, no offence under
Section 452 of IPC is made out. The other offences
are bailable. The applicant is a young youth of 26
years of age, who has no criminal past alleged
against him. He is falsely implicated by the
complainant, therefore he prays for anticipatory
bail.
Learned Panel Lawyer for the State opposes
the application. He submits that to pressurize the
complainant for marriage of his daughter with the
applicant, the applicant and co-accused Kullu did
such explosion at the house of complainant.
Keeping in view the submissions made by
learned counsel for the parties and the facts and
circumstances of the case, I am of the view that
this is a fit case for grant anticipatory bail to the
applicant. Consequently, this application under
Section 438, Cr.P.C. is hereby allowed. It is
directed that in the event of arrest, applicant
Deependra Singh Tomar @ Pappu shall be
released on bail on furnishing a personal bond in
the sum of Rs.25,000/- (Rupees twenty five
thousand) with a solvent surety in the like amount
to the satisfaction of the Arresting Authority.
The applicant shall further abide by the
conditions enumerated in sub-Section (2) of
Section 438 of Cr.P.C.
This order shall remain in force for a period of
30 days and in the meanwhile, if the applicant so
desires, may move an application for regular bail
before the competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari