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Judgment
This is first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail.
The present applicant apprehends his arrest by the Police Station Bhanpura, District Mandsaur in connection with Crime No.395/2017 for the offence punishable under sections 353, 294 and 506 of IPC.
The allegation against the present applicant is that he being a contractor was allotted the work contract by the Municipal Corporation, Bhanpura, district Mandsaur vide order dated 29.07.2017 and for the recovery of the same amount, the applicant entered into office of the complainant and tried to disturb the official work and assaulted the complainant.
Learned counsel for the applicant submits that the applicant had gone to take the amount which was due to Municipal Corporation and was not being paid which resulted in altercation and as a result of which the complaint was filed. He is innocent and falsely implicated in the case.
Learned counsel for the State opposes the bail application.
Taking all the facts and circumstances of the case into consideration, I find that it is fit case where the benefit of provision under section 438 of Cr.P.C. may be extended to the present applicant. Accordingly, the application is allowed.
It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) and a solvent surety of the like amount to the satisfaction of the concerning Magistrate or Arresting Officer as the case may be, with the following conditions:-
(i) that he shall make himself available for interrogation by a police officer as and when required. (ii) that 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 from disclosing such facts to the Court or to any police officer. (iii) that he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously. Certified copy as per rules.