The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case, and imposing specific conditions on the applicant.

JUDGMENT

Sushrut arvind Dharmadhikari, J. - Heard learned counsel for the parties.

Case diary perused.

This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicant for grant of anticipatory bail.

applicant apprehends arrest in connection with Crime No.14/2021 registered at Police Station Naigarhi, District Rewa (M.P.) for the offences punishable under Sections 294, 307, 332, 353, 427, 147, 148, 149, 333 of IPC.

allegation against the applicant and co-accused persons in short is that on 15/01/2021 police had conducted raid on the information that some people are transporting country made liquor. During raid, applicant and other co-accused persons attacked the police personnel, due to which they received injuries. On the aforesaid basis, crime has been registered.

Learned Counsel for the applicant submits that the applicant is aged about 25 years and has been falsely implicated in the case. The name of the applicant did not figure in the FIR initially but at the time of filing of charge sheet, the name of the applicant has been roped in. The applicant has no criminal past. No liquor has been seized from the possession of the applicant. There is no allegation of beating anybody as well as no weapon has been recovered from the possession of the applicant. It is a case of false implication. He is permanent resident of District Rewa and there is no likelihood of his absconsion or tampering with the prosecution evidence, if he is extended the benefit of anticipatory bail. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

On the other hand, learned Panel Lawyer opposed the prayer for grant of anticipatory bail and it is submitted that it is serious nature of offence wherein applicant attacked on the police authorities, therefore, he prays for rejection of bail.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the arresting authority. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygine etc. to avoid proliferation of Corona virus.

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 such facts to the Court or to the Police Office, as the case may be;

4. The applicant will not seek unnecessary adjournments during the trial; and

5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

6. If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

A copy of this order be sent to the Court concerned for compliance.