The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the circumstances of the case and the necessity of custodial interrogation.

JUDGMENT

Subodh Abhyankar, J. - They are heard and perused the case diary.

2. This is the first application filed by the applicants under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.1500/2022 registered at Police Station - Jhabua, District -Jhabua (MP) for offence punishable under Sections 307, 341, 294 and 34 of the IPC.

3. The allegations against the applicants are that on 11.12.2022 at around 4.00 p.m. they along with one Sohan accosted the injured Ramju and his friend Pappu when they started abusing them and co-accused Sohan fired a gun shot on Ramju.

4. Learned counsel for the applicant has submitted that although date of incident is said to be on 11.12.2022 however the FIR in the present case has been lodged on 19.12.2022 and there is no cogent reason assigned for delay in lodging the FIR. Counsel has further submitted that although the applicants have been falsely implicated in the case with a view to accept certain amount from the complainants and the applicant No. 1 Ram Singh is a Computer Operator in MPCON Ltd. whereas the applicant No.Jogadiya @ Kanu is a Watchman in the Govt. Department. It is submitted that earlier also the injured has falsely implicated the applicants in certain similar offence which has already resulted in acquittal; the copy of the judgment passed in ST No. 9/2021 dated 4.8.2021 is placed on record. It is further submitted that if the applicants are arrested, irreparable injury shall be caused to them and their career would be in jeopardy. Under these circumstances, he prayed for grant of anticipatory bail.

5. Learned counsel for the respondent/State has opposed the prayer.

6. Having considered the rival submissions and on perusal of the case diary including the documents filed by the counsel for the applicants, this Court finds force with the contention advanced by the counsel for the applicant. In view of the same, the custodial interrogation of the applicants is not necessary.

7. Accordingly, the application for anticipatory bail is allowed.

8. It is directed that in the event of arrest, the applicants shall be released on bail, upon their executing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each and furnishing solvent surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

9. The applicants shall make themselves available for interrogation by a Police Officer, as and when required. The applicants shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

10. With the aforesaid, this M.Cr.C. stands disposed of.

Certified copy, as per rules.