The central legal point established in the judgment is the granting of anticipatory bail based on the lack of incriminating material and potential interference in the applicant's personal liberty.

ORDER/JUDGMENT : – Shri Rajiv Sharma, learned counsel for the applicant.

Shri P.P.S. Bajeeta, learned PP for the respondent/State.

Shri B. S. Gour, learned counsel for the complainant.

2. The applicant has filed this first application filed under section 438, Criminal Procedure Code for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No. 274/2018 registered at police Station, Mehgaon, Distt. Bhind, for the offence punishable under sections 323, 294, 506, 325, 394 of Indian Penal Code and section 11/13 of MPDVPK Act.

3. It is the submission of learned counsel for the applicant that the applicant is apprehending his arrest on the basis of registration of offences referred above. It is the submission of learned counsel for the applicant that initially case was registered in the year 2018 against four persons including the present applicant. Thereafter charge-sheet was filed against only one accused, namely, Ranjeet Singh and against the applicant and two other persons no case was found to be made out. However, Court of Magistrate refused to accept the said charge-sheet and directed to police to file the charge sheet before Special Court (specified under MPDVPK Act). Thereafter, in investigation, no incriminating material has been collected from the possession of applicant and just to harass him police is constantly in search of applicant to arrest and implicate him on false pretext. When the police itself came to the conclusion about non filing of charge-sheet against present applicant, then same attempt without any incriminating material amounts to interference in the personal liberty of an individual. It is further submitted that some earlier criminal cases haunt the applicant but in most of the cases acquittal has been recorded. Confinement may bring social disrepute and personal inconvenience. He undertakes to cooperate in investigation/trial and abide by all terms and conditions as imposed by this Court. He further intends to perform community service voluntarily by serving the environment and National/Social cause by contributing his part voluntarily to purge his misdeeds, if any, in case application is allowed. He relied upon the full Bench decision of this Court in the case of Gulab Chand Kannoolal vs. State of Madhya Pradesh and ors., 1982 M.P.L.J. (F.B.) 7 in which section 5 of MPDVPK Act has been taken into consideration and in the case of Balveer Singh Bundela vs. State of M. P., 2020(2) M.P.L.J. (Cri.) 235 regarding anticipatory bail. On these grounds, he prays for grant of anticipatory bail.

4. Learned counsel for the State as well as counsel for the complainant opposed the prayer and prayed for dismissal of the application.

5. Heard learned counsel for the parties at length and considered the arguments advanced by them.

6. Considering the submissions specially the fact that earlier police did not file any charge-sheet against the applicant and later on no incriminating material has been filed to demonstrate the role of applicant prima facie (only for the purpose of bail), but without expressing any opinion on the merits of the case, this Court is inclined to allow the application under section 438 of Criminal Procedure Code but with certain stringent conditions. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with two solvent sureties in the like amount to the satisfaction of Arresting Authority/Investigating Officer.

7. This order will remain operative subject to compliance of the following conditions by the applicant : –

1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing s