High CourtsSingle Bench(2020) 12 MP CK 0216

Ramayan Prasad Shukla vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 December 2020

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.50428 Of 2020

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Judgment

19 paragraphs · 317 words

Vijay Kumar Shukla, J

On account of the prevailing conditions worldwide brought about by the COVID 19 virus, this application has been heard and decided through Video

Conferencing to maintain social distancing.

This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in

connection with Crime No.193/2020 registered at P.S. Shahpur, District Rewa, M.P., for offence punishable under Sections 379 and 511 of the IPC.

It is alleged that the applicant along with the other accused persons was involved in theft of motor pump from a well.

Learned counsel for the applicant submits that the applicant has been impleaded as an accused on the basis of the memorandum of co-accused which

is not admissible under the law. It is further stated that there is no criminal record of the applicant.

Learned counsel for the State does not dispute the fact that there is no criminal record of the applicant. However, two accused persons have already

been granted regular bail.

Considering the allegations against the applicant and the fact that the applicant has been impleaded accused on the basis of memorandum of co-

accused, I am inclined to enlarge the applicant on anticipatory bail.

Accordingly, it is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rs.

Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions

enumerated in sub-Section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Shri Pradeep Dwivedi, learned Panel Lawyer,

on their respective email addresses, for intimation to the police station concerned.

Accordingly, the bail application is allowed.

C.c. as per rules.