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Judgment
Appearing counsel of parties heard on alleged first anticipatory bail application filed before this Court on behalf of applicant under Section 438 of
Cr.P.C. in relation to Crime No.168/2018 registered at Police Station Dehat District Bhind in reference to offence punishable under Section 188 of the
IPC and produced case diary is perused.
The anticipatory bail application filed on behalf of the applicant has already been dismissed by Second Additional Sessions Judge, Bhind vide order
dated 27.04.2018, whose certified copy is annexed with the application under consideration.
Appearing counsel for the applicant contends that applicant- Smt. Kavita Garg is apprehending her arrest in above-mentioned crime and she is a
member of reputed family and if she is arrested in the crime, her reputation will be influenced and there is no possibility of her absconding and she is
ready to co-operate in the investigation. It is further contended that offence punishable under Section 188 of the I.P.C. has been registered on oral
report made by Naib Tehsildar at Police Station Dehat, District Bhind, whereas in accordance with the provision of section 195 of the Cr.P.C.,
cognizance of offence punishable under Section 188 of I.P.C. could be taken only on written compliant made by concerned Public Officer to the Court
concerned, hence, it is prayed that benefit of anticipatory bail be granted to the applicant.
Per contra, the above-mentioned prayer has been strongly opposed by learned Public Prosecutor on behalf of respondent/State that on 02.04.2018 the
Sub Divisional Officer, Bhind has granted permission for carrying a rally in Bhind City at the mentioned route but the rally or procession was not
carried out on the mentioned route and the terms and conditions were violated. Hence, her case is not fit for granting her benefit of anticipatory bail.
Considering the rival contentions raised by the counsel for the parties, without commenting on the merits of the case, in view of the above-mentioned
provision of section 195 of the Cr.P.C. in relation to taking cognizance of offence punishable under Section 188 of I.P.C. as it is clear that F.I.R.
against the present applicant and 10-15 other persons have been registered on oral report made by Naib Tehsildar, this Court is of the considered
opinion that the application is liable to be allowed. Accordingly, the application is allowed, subject to the conditions that if the applicant appears before
the Arresting Officer (Investigating Officer) on or before 22.06.2018, he shall be released on bail on her furnishing a personal bond in the sum of
Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
The applicant shall make herself available for interrogation by the Investigation Officer as and when required. She shall further abide by the other
conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
It is made clear that in case if the applicant fails to appear before the Investigation Officer (Arresting Authority) on or before 22.06.2018, then this
order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take her in custody.
Certified copy as per rules.