R.K. YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed under Sec. 438 of the Code of Criminal Procedure for grant of anticipatory bail.

(2.) The applicant is apprehending his arrest in Crime No.39/2011 registered a t Police Station EOW, District Bhopal, for the offence punishable under Ss. 120-B, 406, 409 and 420 of the Indian Penal Code.

(3.) Learned counsel for the applicant submits that though the FIR got registered in the year 2011, but the charge-sheet has been filed recently on 17/10/2022 before the Court of Judicial Magistrate First Class. He further submits that seeking anticipatory bail, if the applicant appeared before the said Court which in fact does not have power to grant bail under Sec. 409 of the IPC, it was every likelihood that the applicant might be arrested and sent to jail. He submits that in the existing facts and circumstances of the case when the cause of action arose somewhere in the year 2010-11 and the charge-sheet has already been filed, the arrest of the applicant would not be proper. On these submissions, he prays that the applicant may be granted the benefit of anticipatory bail.