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Judgment
G.S. Ahluwalia, J
This First Application under Section 438 of CrPC has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.230/2020 registered at Police Station Pichhore, District Gwalior for offence
punishable under Sections 323, 324, 294, 506, 147, 148, 149, 326 of IPC.
It is submitted by the counsel for the applicant that the complainant party was an aggressor and was trying to encroach upon the land of the applicant
and his relatives by sowing crop. When it was objected, then the applicant and his other family members were also beaten and they have also
sustained injuries and Crime No.229/2020 has also been registered by Police Station Pichhore, District Gwalior against the complainant party. The
applicant is ready and willing to cooperate in the investigation. The trial is likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
Per Contra, the application is vehemently opposed by the counsel for the respondent/State as well as counsel for the complainant. However, the
counsel for the State after going thorugh the spot map of Crime No.230/2020 and Crime No.229/2020 failry conceded that the incident took place in
the field of Om Prakash Chheepa, who is the uncle of the applicant and father of four co-accused persons.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition
that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 16.3.2021, he shall be released on bail on his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer(
Investigating Officer).
The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other
conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.
It is made clear that in case if the applicant fails to appear before the Investigating Officer ( Arresting Authority) on or before 16.3.2021, then this
order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.
CC as per rules.