M.Cr.C. No.5917/2010
21.07.2010
Shri Manish Datt, Advocate for the applicants.
Smt. Sushila Paliwal, Public Prosecutor for
the respondent/State.
Heard both the parties.
Case diary of Crime No.108/2010 registered
at Police Station Kundam District Jabalpur for the
offence punishable under Sections 353, 294, 506-
II, 186 read with Section 34 of IPC is perused.
The applicants are apprehending their arrest
in the aforesaid crime.
Learned counsel for the applicants submits
that except the offence under Section 353 of IPC,
all the offences alleged against the applicants are
bailable. Looking to the allegation made in the FIR
etc. it is not alleged that either of the applicants
has used any criminal force or assaulted any public
servant and, therefore, offence under Section 353
of IPC is not made out. The applicants are reputed
citizen of the society and have no criminal
background, therefore they pray for anticipatory
bail.
Learned Public Prosecutor for the State
opposes the application.
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
applicants. Consequently, this application under
Section 438, Cr.P.C. is hereby allowed. It is
directed that in the event of arrest, applicants
Ishwari Singh, Sonelal Kachhi, Tirath Kachhi
shall be released on bail on furnishing a personal
bond in the sum of Rs.20,000/- (Rupees twenty
thousand) each with a solvent surety in the like
amount to the satisfaction of the Arresting
Authority.
The applicants 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 applicants so
desire, may move an application for regular bail
before the competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari.