✦ Madhya Pradesh High Court

(BY SHRI TIRATH PRASAD JAISWAL, ADVOCATE) v. This appeal coming on for admission this day, the court passed

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(BY SHRI ANAND NAYAK, PANEL LAWYER) (Heard through Video Conferencing) This appeal coming on for admission this day, the court passed the .....RESPONDENTS following: ORDER This is the first application filed under section 438 of the Code of Criminal Procedure on behalf of applicant Neelesh Kumar Saket. Applicant apprehends arrest in connection with Crime No.14/2021, registered at Police Station Naigarhi, District Rewa (M.P.) for the offences punishable under Sections 307, 332, 353, 427, 147, 148, 149/34 of IPC. Case of prosecution, in brief, is that on 15/01/2021 Police conducted raid on the information that some people are brewing illegal liquor. During raid, the applicant and other co-accused persons attacked on the Police personnel and caused grievous injuries to A.S.I. Mr. R.P. Singh and simple injuries to seven other Police personnel. Learned counsel for the applicant submits that the applicant has falsely been implicated in the matter. The applicant's name is not mentioned in the FIR. His custodial interrogation is not required. All arrested co-accused persons were enlarged on regular bail while co-accused-Lallu Saket vide order dated 23/04/2021 passed in M.Cr.C. No.15613/2021 and Dwarika Saket, Ramavtaar Saket and Ramlakhan vide order dated 13/09/2021 passed in M.Cr.C. No.30070/2021 have already been enlarged on anticipatory bail by this Court. The case of applicant is better than that of co-accused. Applicant is permanent resident of District Rewa (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence if he is released on anticipatory bail. He is ready to abide by the terms and conditions as may be imposed, therefore, prayer is made to enlarge the applicant on anticipatory bail. Per-Contra, learned counsel for the State opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant alongwith other co- accused persons have caused grievous and simple injuries to various Police personnel. The allegation made against him is of serious in nature, therefore, he is not entitled to get the benefit of anticipatory bail. Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority. This order will remain operative subject to compliance of the following conditions by applicant:-

#1. He will comply with all the terms and conditions of the bond executed by him;

#2. He will cooperate in the investigation/trial, as the case may be;

#3. He will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

#4. He shall not commit an offence similar to the offence of which he is accused;

#5. He will not seek unnecessary adjournments during the trial; and

#6. He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. C.C. as per rules. (S. A. DHARMADHIKARI) JUDGE

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