M.Cr.C. No.7043/2010
23.08.2010
Shri Hitendra Singh, Advocate for the
applicant.
Shri B.P.Pandey, Public Prosecutor for the
respondent/State.
Heard on IA No.13744/2010, an application
for urgent hearing.
Since the case diary is available, the
application is allowed.
Also heard both the parties.
Case diary of Crime No.68/2009 registered at
Police Station Sohagi District Rewa for the offence
under Sections 147, 148, 323, 326, 506 read with
Section 149 of IPC is perused.
The applicant is apprehending his arrest in
the aforesaid crime.
Learned counsel for the applicant submits
that there is no allegation against the present
applicant regarding assault to any of the victim.
His name is unnecessarily added in the FIR at
Sl.No.8 without any basis. Only allegation against
the applicant is that the alleged incident took place
in front of his house, otherwise no offence under
Section 326 of IPC is made out against him directly
or with the help of Section 34 of IPC, whereas
other offices are bailable. In such circumstances,
he prays for anticipatory bail.
Learned Public Prosecutor for the State
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 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 Ram
Sanehi Deepankar shall be released on bail on
furnishing a personal bond in the sum of
Rs.30,000/- (Rupees thirty thousand) with a solvent
surety in the like amount to the satisfaction of the
trial Court.
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
10 (ten) 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.