Granting of anticipatory bail based on lack of criminal past and willingness to cooperate in the investigation and trial.

JUDGMENT

Rajeev Kumar Dubey, J. - This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail. applicant Yogesh Patel @ Monu apprehends his arrest in connection with Crime No.1472/2021 registered at Police Station adhartal, District Jabalpur for the offence punishable under Sections 327, 294, 323, 506 & 34 of the IPC.

As per prosecution case, complainant Parshuram Pandey had purchased paint and one roller from Kamlesh Hardware located at Suhagi, adhartal. On 28.10.2021 at around 05:30 PM, complainant went to Kamlesh Hardware for returning that roller due to some defect. On that, applicant Yogesh Patel @ Monu, owner of Kamlesh Hardware abused him and demanded Rs.500/- and applicant and two other co-accused persons also assaulted him. On the report of complainant, police registered Crime No.1472/2021 for the offence punishable under Sections 327, 294, 323, 506 & 34 of the IPC, applicant apprehend his arrest in that crime.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. applicant is a businessman and he is ready to cooperate in the investigation and trial, hence prayed for release of the applicant on anticipatory bail.

Learned counsel for the State opposed the prayer and submitted that applicant abused the complainant and demanded Rs.500/- and assaulted him.

So, he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the applicant has no criminal past, he is ready to cooperate in the investigation and trial, without commenting on the merit of the case, the application is allowed and it is directed that in the event of arrest by the Police in the aforesaid case, the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial.

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 Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

C.C. as per rules.