M.Cr.C. No. 6107/2010
20.7.2010
Shri Y. K. Gupta, counsel for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.60/2010 registered at Police
Station Patera, District Damoh for offence punishable
under Sections 354, 323, 498-A, 377 read with Section 34
of I.P.C is perused.
The applicant has an apprehension of his arrest for
aforesaid crime.
Learned counsel for the applicant submits that the
FIR is properly drafted by some law knowing person and
it is submitted to the Police when the complainant was
residing with her parents. She alleged in omnibus
manner against the applicant and his family members.
The applicant has filed an application for restitution of
conjugal rights before the competent Court. At present
the complainant is not residing with the applicant and
therefore, no risk of harassment is there from the part of
the applicant. The applicant is a reputed citizen of the
locality and no criminal past has been alleged against him
therefore, he prays for bail of anticipatory nature.
Learned Panel Lawyer opposes the application.
Keeping in view the submissions made by learned
counsel for the applicant and the facts and circumstances
of the case, I am of the view that this is a fit case for
grant of 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 of the applicant Ghanshyam, shall be released
on bail on furnishing a personal bond in the sum of
Rs.20,000/- (Rupees twenty 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.
Certified copy as per rules.
(N.K. Gupta)
Judge
bina