MCRC No.4863/2010
22.6.2010
Shri Manish Datt, Advocate for the applicants.
Shri R.N.Yadav, Panel Lawyer for the respondent/
State.
Learned counsel for the applicants prays not to
press the application of applicant No.3 Bantu alias
Shailendra Pandey.
Prayer allowed.
Application of the applicant No.3 is dismissed
being not pressed.
Heard both the parties.
Case diary of Crime No.78/2010 of Police Station
Chourai District Chhindwara is perused.
As per prosecution, on 6/3/2010 at about 9:30 in
the night a mob was gathered in front of Police Station
Chourai and started pelting stones. Some of the
persons in mob put fire in 12 motorcycles and one
four-wheeler viz. Sumo. In front of police station they
again put fire in a bus, a truck and a motorcycle. Police
has registered the matter for offence punishable under
Sections 147, 148, 435 of IPC against more than 25
persons.
Learned counsel for the applicants argued that
there is a named FIR having a big list of the alleged
accused, but in the FIR name of applicant No.1 or 2 is
not included. There is no overt-act attributed to them.
They are businessmen and there is no criminal
background behind them, therefore, he prays for bail
under Section 438 of Cr.P.C.
Learned Panel Lawyer for the State opposes the
application.
Keeping in view the submissions made by learned
counsel for the applicants 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
Jitendra Choure and Sanjay Kumar. Consequently,
this application under Section 438, Cr.P.C. is hereby
allowed. It is directed that in the event of arrest in
Crime No.78/2010, Police Station Chourai, each
applicant Jitendra Choure and Sanjay Kumar shall
be released on bail on furnishing a personal bond in
the sum of Rs.25,000/- (Rupees twenty five thousand)
each with a solvent surety in the like amount to the
satisfaction of the Arresting Authority.
Both 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.