Thakur Surendra Singh vs State Of Madhya Pradesh

Heard.

This is first anticipatory bail application filed on behalf of the applicant under Section 438 of the Cr.P.C.

The applicant is apprehending his arrest in connection with Crime No.94/2018 registered at Police Station Kotwali Burhanpur, District Burhanpur

(M.P.) for the offence punishable under Sections 147, 148, 149, 427 and 336 of the I.P.C. and Section 3 of the Prevention of Damage of Public

Property, Act.

As per prosecution, on 20.04.2018 when the complainant, who is a driver, was driving the bus bearing registration No.MH-40-Q-6389 of Maharastra

State Transport, Division Nagpur at about 3:45 p.m. bus reached near Shanwara Chowck and stopped at the Signal then at the same time from the

front side mob in which persons were armed with lathi and stones and were carrying poster and banners in support of Asifa started throwing stones

on the bus, on account of which, the front, back side and driver side glass were damaged and the near by shops started closing down and the person

shouted that the communal riots have been provoked. Anyhow, complainant and other passengers managed to save themselves. Later on, on the

report of the complainant, case was registered. It is alleged that the applicant and other co-accused persons were involved in that offence.

Learned counsel for the applicant submits that the applicant is an innocent person. It is submitted that the applicant is an acting politician and he is not

involved in the aforesaid incident. It is submitted that the applicant has not been named in FIR. It is submitted that the applicant has been falsely

implicated only on the basis that the applicant and other persons have taken permission for procession of Asifa case. There is no criminal antecedent

against the applicant. There is no chance of his absconding. Charge-sheet has been filed and conclusion of trial will take long time to conclude. The

applicant is ready to furnish bail as per order, abiding with all conditions imposed by the Court. On these grounds, he prays for grant of anticipatory bail

to the applicant.

Per-contra, learned Government Advocate opposes the anticipatory bail application.

After hearing arguments of the parties and looking to the whole facts and circumstances of the case, without expressing any opinion on merits of the

case, I am of the considered view that it would be appropriate to enlarge the applicant on anticipatory bail. Consequently, his application under Section

438 of Cr.P.C. is hereby allowed.

It is directed that applicant-Thakur Surendra Singh will surrender himself before the Investigating Officer within ten days from the date of receipt of

certified copy of this order and then in the event of arrest, he be released on bail on his furnishing bail bond in the sum of Rs.30,000/-(Rupees Thirty

Thousand Only) with a solvent surety in the like amount to the satisfaction of the Arresting Authority.

The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions

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

Certified copy as per rules.