Shiva S/O Heeralal Choudhary vs State Of M.P

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is

apprehending his / her arrest in connection with Crime No.189/2021 registered at Police Station Kotwali Dewas, District Dewas (MP) for offence

punishable under Section 384 of the Indian Penal Code, 1860.

The allegation against the applicant is that one of extortion.

Counsel for the applicant has submitted that the applicant is aged 54 years. He is also physically disabled person which is also apparent from his

Disability Certificate (Annexure P/3) wherein it is mentioned that there is amputation of right upper limb.

Counsel has further submitted that the applicant has falsely been implicated due to political revelry only which is also apparent from the fact that his

son is a Corporator and daughter-in-law was also contender for the post of Mayor of Dewas Municipal Council.

Counsel has further submitted that a compromise has already taken place between the parties (which is placed on record) and in these circumstances,

when the COVID-19 is also spreading like point-fire, no purpose would be served to arrest the applicant.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

Heard counsel for the parties and perused the record including the case diary.

Having considered the rival submissions and perusal of the case diary so also taking note of the fact that the applicant is a disabled person and the

compromise has already taken place between the applicant and the complainant party, in view of the same, in the considered opinion of this Court, the

custodial interrogation of the applicant is not necessary, in the present case. Hence, the applicant has made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Shiva s/o Heeralal Choudhary shall be released on bail, upon

his / her executing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand only) and furnishing solvent surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the

other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case stands allowed.

Certified copy as per rules.