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Judgment
Heard.
This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.603/2020 registered at Police Station Kotwali Ambikapur District Surguja (CG) for the offence punishable under Sections 188, 294, 452, 34 of the IPC.
The case of the prosecution is that on 21.9.2020, the applicant, who is a student, along with other co-accused persons forcefully entered into the Nursing College, without following the COVID-19 protocol, and started enquiring about the admission process, which was objected by the complainant. Thereafter, the applicant abused the complainant by using filthy language. Hence, the offence was registered.
Learned counsel for the applicant submits that the applicant is a student, he is innocent and has been falsely implicated in the case. He prays for extending the benefit of Section 438 of Cr.P.C. to the applicant.
Learned counsel for the State opposes the bail application.
Having considered the submissions of learned counsel for the parties and also considering that except Section 452 of IPC, all other offences are bailable in nature and the nature of dispute, which is about admission process in the Nursing College and further that the applicant is a student, this Court is inclined to extend the benefit of Section 438 of the Code of Criminal Procedure to the applicant.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions :-
(i) he shall make himself available for interrogation by a Police Officer as and when required;
(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer.
(iii) he shall not influence the witnesses during pendency of the trial.
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