AI Structured Summary
Not yet generated for this judgment
Judgment
Narain Singh "Azad", J.
The petitioners seek the benefit of anticipatory bail against whom the Chief Judicial Magistrate, Tikamgarh, has ordered issuance of warrant of arrest, after taking cognizance of offence punishable u/s 498A of the IPC, on a private complaint filed by complainant Smt. Roopali (respondent No. 1). The aforesaid facts are found dictated by the IInd ASJ, Tikamgarh, who refused anticipatory bail to these petitioners, on 21-5-2002 (certified copy is on record).
The grant of anticipatory bail is being opposed on the ground of issuance of warrant of arrest by the Trial Court, and it is submitted that the benefit of anticipatory bail cannot be claimed by these petitioners, who may surrender to the Court''s custody and seek regular bail.
In agreement with the case of P.V. Narasimha Rao Vs. State (Central Bureau of Investigation), and Puran Singh Vs. Ajit Singh and another, reported in 1985 Cri.LJ 89(both D.B. decision cases), it is found explained by this Court in Arun Kumar v. State of M.P., reported in 2000(1) C.C.J 95(MP), that when the Magistrate takes cognizance of offence in respect of non-bailable offence, the accused would be entitled to move the Competent Court for grant of anticipatory bail and the said application would be maintainable even if the summons is issued. It is also found explained in the aforesaid cases that the grant of bail u/s 438(1), Cr.PC by the High Court or the Court of Session is dependent on the merits of a particular case and not the order of the Magistrate choosing to summon an accused through bailable or non-bailable warrant.
Since this petition seeking benefit of anticipatory bail is maintainable, I proceed to consider it on merits.
On consideration of photostat copy of complaint filed by respondent No. 1, and the statements of respondent No. 1, so also her witnesses, Devendra Kumar and Manoj, recorded u/s 202, Cr.PC, I find the petitioners entitled for the benefit of anticipatory bail. Therefore, it is ordered that in case, these petitioners surrender in the Court of CJM, Tikamgarh, each of them, namely, Arvind Sood, Anand Sood, Smt. Prema Sood and Ku. Poonam, shall be released on executing a personal bond worth Rs. 7,000/- with a surety in the like amount to the satisfaction of CJM, Tikamgarh.