Makhan Rajak vs Makhan Rajak

Appearing counsel for the parties are heard on alleged first anticipatory bail application filed before this Court on behalf of applicant under Section 438

of the Cr.P.C. in relation to Crime No. 152/2018 registered at Police Station Kailaras, District Morena in reference to offences punishable under

Section 195-A, 294, 506, 323/34 of IPC and the produced case diary and papers filed on behalf of applicant are perused.

Applicant's anticipatory bail application filed under the same provision has already been dismissed by Second Additional Sessions Judge, Sabalgarh

District Morena vide order dated 26.04.2018, whose certified copy is annexed with the application under consideration.

It is contended by appearing learned senior counsel for the applicant that applicant is apprehending his arrest in above mentioned crime, wherein he

has falsely implicated and it is reported by complainant Sunil Rajak at relating Police Station that on the date of incident when complainant was going

to Joura by bus, in that bus present applicant and co-accused person threatened him for changing his statements in a murder case which is pending

against the present applicant and due to threatening of the accused persons, complainant jumped from running bus; hence, he received injuries.

It is also contended by the learned senior counsel that according to the provisions of Section 195-A of Cr.P.C, witness or any other persons can file a

complaint in relation to an offence punishable under Section 195-A of the IPC, but the complainant who is a prosecution witness in a pending murder

case against applicant has not filed any private complaint. Hence, it is prayed that applicant's case is fit for granting him benefit of anticipatory bail,

and complainant's examination-in-chief has already been recorded before relating trial Court on 20.03.2018 in Sessions Trial No.244/2017, whose

certified copy is also annexed with the application under consideration.

Per contra, above mentioned prayer has been opposed by learned Public Prosecutor on the ground that the applicant and co-accused persons were

pressuring the complainant to change his evidence before the relating trial Court in reference to pending murder trial wherein present applicant and his

companions are accused. It is also submitted by learned Public Prosecutor that according to MLC of

complainant-Sunil Rajak, multiple abrasions, painful swelling and tenderness were found by the examining Doctor.

The provision of Section 195-A of the Cr.P.C. is as under :

195A. Procedure for witnesses in case of threatening, etc.- A witness or any other person may file a complaint in relation to an offence under section

195A of the Indian Penal Code (45 of 1860)

A bare reading of Section 195-A of the Cr.P.C. makes it clear that a private complaint is necessary for taking the cognizance of the offence

punishable under Section 195-A of the IPC, but it is clear that complainant Sunil Rajak has not filed any private complaint before competent Court.

Considering the rival contentions of learned counsel for the parties, without commenting on the merits of the case, in view of the above mentioned

legal provisions, anticipatory bail application filed by the applicant is allowed, subject to the condition that if the applicant appears before the

Investigating Officer (Arresting Authority) on or before 22.06.2018, he shall be released on bail on his furnishing a personal bond in the sum of Rs.

40,000/- (Rs. Forty Thousand 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 22.06.2018, 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.

Case diary be returned.

C.C as per rules.