Ramesh Chand vs State of M.P.

Sushil Kumar Palo, J.—Heard.

Admit.

Case diary is perused.

This is the first bail application filed by the applicant u/s 438 of the Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No. 228/2014 registered at Police Station Guna, District Guna (M.P.) for the offence punishable under Sections 153A, 153B & 188 of IPC. The bail application of the applicant for grant of anticipatory bail was rejected by IV Additional Sessions Judge, Guna on 19.05.2014.

As per the prosecution story, it is alleged that a tin-shed was constructed at Narsingh Mandir which is situated on the road leading to Chandshah Wali Darghah. This construction of tin-shed could have been obstructed the road to the darghah. The Municipal Corporation issued notices to remove the tin-shed. The applicant along with 20-25 persons uttered slogans, protested and were promoting enmity between different classes, therefore, the police station Guna registered Crime No. 228/2014 under Sections 153A, 153B & 188 of IPC against the applicant.

On behalf of the applicant, it is submitted that the applicant is a leader of Aam Adami Party and is BMS Doctor. There is no damage caused to any property nor any injury caused to any person. It is also claimed that Section 188 of IPC is bailable offence and rest offences registered are offences triable by J.M.F.C., therefore, the applicant prayed that he be given the benefit of anticipatory bail.

Learned counsel for State has opposed the application.

Perused the record.

Keeping in view that the decision of the case would take considerable time and the applicant being a local resident, without commenting anything on the merits of the case, I am of the view that it is a fit case for grant of anticipatory bail. Accordingly, application u/s 438 of Cr.P.C. is allowed. It is directed that in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 25,000/- (Rs. Twenty Five thousand only) with one surety in the like amount to the satisfaction of Arresting Officer.

The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in subsection (2) of Section 438 of Cr.P.C.

In view of the ratio laid down by Hon''ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others, , this order shall remain in force till the end of the trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after the filing of challan.

C.C. as per rules.