UMAKANT SHYAMPAL AGNIHOTRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Jaiswal, Advocate for the applicant and Shri Doifode, A. P. P. for the respondent.

(2.) THIS is an application under section438 of Cr. P. C. seeking relief in connection with Crime No. 109 of 2004 registered at P. S. Hingna under section306 of I. P. C. The applicant had filed an application for anticipatory bail before the Sessions Judge which was made over to the Additional Sessions Judge, Nagpur who dismissed the same by order dated11-5-2004. The applicant seeks similar relief from this Court.

(3.) I have considered the submissions made by both sides and also gone through the records. Since this applicant is seeking anticipatory bail, I would not like to discuss in detail the material on record since the same may cause prejudice to both sides. However, considering the probabilities of the case and the material on record, I am of the opinion that this is a case in which the relief sought by the applicant can be granted, however, subject to certain terms and conditions. Accordingly, I pass the following order. (i) In the event of arrest of the applicant in connection with Crime No. 109/99 registered at Police Station, Hingna for the offence under section306 read with 34 of I. P. C. the applicant shall be released on bail on executing the bail bonds in the sum of Rs. 20,000/- only with one surety in the like amount to the satisfaction of the Investigating Officer. (ii) The applicant shall report at the Police Station, Hingna between 11 a. m. to 1. 00 p. m. for a period of 10 days starting from 17-7-2004 and thereafter as and when required by the Investigating Agency. (iii) The applicant shall co-operate with the Investigating Agency. (iv) The applicant shall not tamper with the prosecution evidence. (v) The applicant shall attend the trial in the event charge-sheet is filed against him. (vi) The applicant shall not leave Nagpur District without permission of this Court till the charge-sheet is filed and in case the charge-sheet is filed without permission of the Court before whom the case would be pending. (vii) It is made clear that in the event the applicant does not report at Hingna Police Station as directed by this Court, the Investigating Agency shall be free to arrest the applicant notwithstanding this order and report about the arrest of the applicant within 48 hours to this Court. (viii) Needless to mention that in the event of breach of any of these conditions, the prosecution shall be at liberty to apply for cancellation of anticipatory bail granted to the applicant. With the above observations, the application is disposed of accordingly. Order accordingly.--- .