ORDER

This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No. 268/2022 registered at P.S. - Nalkheda District Agar (M.P.) for commission of offence punishable under Section 365/34 of IPC.

As per the prosecution story, the complainant Bhoniram Chowkidar of the village made complaint that Rekhabai wife of Suresh Patidar was the winning candidate and they were missing from 5-6 days and the complainant has doubt on present applicant Bherusingh that he has kidnapped Rekhabai and her husband.

Accordingly offence has been registered.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter.

Rekhabai and her husband have gone to piligrimage and they have given their affidavit regarding their religious journey and stated that no-one has abucted them or force them to go on journey. The applicant belongs to opposition party, therefore he has been falsely implicated in this matter. He is permanent resident of District Agar Malwa. Hence he prays that the applicant be released on anticipatory bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order passed by the court below.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that both persons Suresh and Rekhabai deposed affidavit in favour of applicant and they have also deposed in their statement under section 164 of Cr.P.C. that they went to a religious journey and nothing wrong has been committed with them by applicant, I deem it proper to release the applicant on anticipatory bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in the event of applicant’s arrest, the applicant be released on anticipatory bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before the Investigating officer during the course of investigation as and when directed. Conditions of section 438(2) CRPC shall also apply on the applicant during currency of bail.

With the aforesaid, the application stands disposed of.

Certified copy as per rules.

(ANIL VERMA) J U D G E BDJ