The court has the discretion to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the facts and circumstances of the case and the allegations made against the applicant.

Headnote:
Anticipatory Bail - Criminal Procedure Code - Sections 438, 500, 384, 120(B) - The court granted anticipatory bail to the applicant accused, who was charged with defamation, extortion, and criminal conspiracy, after considering the facts and circumstances of the case and the allegations made against the applicant.
Fact of the Case:

The applicant/accused was charged in FIR/Crime No.171/2024 registered at Police Station - Neemuch Kant, District Neemuch (M.P.) for offences punishable under Sections 500, 384 and 120(B) of IPC. The prosecution alleged that during 23.09.2023 to 17.04.2024, the applicant made several false complaints to Lokayukt Police, C.B.I. and E.D. against the complainant Ramesh Dak and co-accused Moolchand, published the complaints in the newspaper, and demanded money from the complainant, thereby defaming the complainant.
Finding of the Court:

The court, without commenting on the merits of the case, granted anticipatory bail to the applicant/accused, considering the facts and circumstances of the case and the allegations made against the applicant.
Issues: Whether the applicant/accused should be granted anticipatory bail in the case registered against him under Sections 500, 384 and 120(B) of IPC.
Ratio Decidendi: The court granted anticipatory bail to the applicant/accused, considering the facts and circumstances of the case and the allegations made against the applicant, without commenting on the merits of the case.
Final Decision: The court directed that in the event of arrest, the applicant - Sumit Ahir shall be released on bail upon furnishing personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

ORDER

Heard with the aid of case diary.

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail by the applicant/accused, relating to FIR/Crime No.171/2024 dated - not mentioned registered at Police Station - Neemuch Kant, District Neemuch (M.P.) for commission of offence punishable under Sections 500, 384 and 120(B) of IPC.

2. Prosecution story, in brief, is that during 23.09.2023 to 17.04.2024, the applicant made several false complaints to Lokayukt Police, C.B.I. and E.D. against the complainant Ramesh Dak and co-accused Moolchand published the aforesaid compliant in the newspaper and both the accused persons demanded money from the complainant and thereby, the accused persons defamed the complainant. Matter was reported on 17.04.2024.

3. Learned counsel for the applicant/accused submits that the applicant has not committed the offence and has falsely been implicated in the case. The offence is exclusively triable by Judicial Magistrate First Class. He is a reputed person. Police is trying to arrest him and if he gets arrested, his reputation will be affected, therefore, it is prayed that he may be granted anticipatory bail.

5. On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.

6. Having considered the rival submissions and after perusal of the case- diary so also considering the facts and circumstances of the case and the allegations made against the applicant, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

7. It is directed that in the event of arrest, applicant - Sumit Ahir shall be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub- section (2) of Section 438 of the Code of Criminal Procedure.

8. M.Cr.C. stands disposed of accordingly. Certified copy, as per Rules.

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