The court may grant anticipatory bail after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.

JUDGMENT

Vishal Mishra, J. - This is first application under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehends his arrest in Crime No.635/2021 registered by Police Station-Prithvipur, District-Nevadi (M.P.) for offence punishable under Section 34(2) of the Excise act.

It is submitted that the applicant is innocent and has falsely been implicated in the case. He has not committed any offence in any manner. There is no recovery shown from the present applicant. He has involved in the case only on the basis of memorandum of Section 27 of Cr.P.C. of other co-accused persons. The other co-accused are already in custody. The notice under Section 41-a of the Cr.P.C. has been issued to the applicant and he was directed to appear before the trial court. The document is attached with the case diary. applicant is a first offender aged about 29 years prays for grant of anticipatory bail. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar antil vs Central Bureau Of Investigation special petition no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court considering the category and types of offences and also placing reliance upon the judgment passed in the case of Siddharth vs. State of Uttar Pradesh & anr. (Criminal appeal No.838/2021), 2021 SCC OnLine SC 615) and further placed reliance upon the judgment passed in the case of Sanjay Chandra v. Central Bureau of Investigation reported in 2012 (1) SCC 40 has considered the aspect regarding determination whether to grant bail to both aspects have to be taken into consideration. Seriousness of the charge and severability of the punishment. He is ready to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. On these grounds, he prays for granting of anticipatory bail to the applicant.

Per contra, counsel appearing for the State has vehemently opposed the application stating that the memorandum under Section 27 of Cr.P.C. of the present applicant has been recorded by the Police authority. It is appears that the applicant has been arrested but there is a document i.e. notice issued under Section 41-a of Cr.P.C. to the accused. It is argued that he has never cooperated in the investigation. There is a specific bar under Section 59-a and considering the aforesaid the trial Court has rejected the application. But according to the case diary record the applicant is a first offender.

Heard the learned counsel for the parties and perused the case diary. Considering the over all facts and circumstances of the case and also the judgment passed by the Hon'ble Supreme Court, without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail subject to verification of the fact that the applicant is the first offender. In the event of arrest, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local solvent surety in the like amount to the satisfaction of arresting Officer.

The applicant is directed to mark his presence before the concerning Police S tatio n in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3 . The applicant/s will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant/s shall not involve any other offe