Jagdish vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.143/2024 registered at Police Station Agar, District Agar Malwa (MP) for offence punishable under Sections 506, 386, 419, 465, 468, 469 and 471 of the Indian Penal Code, 1860.

The allegation against the applicant is that he happens to be the father of Brijesh, whose marriage was to be solemnized with the daughter of the complainant Kailash Gond. However, subsequently, as the marriage of the complainant's daughter was arranged somewhere else, the applicant started demanding a sum of Rs.25 lakhs from the complainant and has also threatened him of dire consequences.

Counsel for the applicant has submitted that even according to the complainant, the marriage of his daughter was to be solemnized on 01.05.2024 and it has already taken place without any untoward incident and also that the applicant has not threatened the complainant in any manner. It is further submitted that there are no criminal antecedents of the applicant and his custodial interrogation is not required.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered the rival submissions, on perusal of the case-diary and considering the fact that the marriage of the complainant's daughter has already taken place and there is nothing on record to connect the present applicant with the offence, except the apprehensions raised by the complainant in the FIR, this Court is of the considered opinion that the custodial interrogation of the applicant in such facts and circumstances is not necessary. In view of the same, applicant has made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.