JAWAHAR LAL KANCHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application for grant of anticipatory bail on behalf of applicant Jawahar Lal Kanchan.

(2.) THE learned counsel for the applicant contended that the applicant and the complainant both are Govt. servants and they are working in the same department and at the same place. Actually, a complaint was made against the complainant and as a result of which, an enquiry is going on. The occurrence took place on 23.7.98. The complainant in order to harass the applicant, lodged the FIR with false allegation. All sections are bailable except section 506B, IPC. The learned counsel for the applicant contended that it is one of those cases in which the applicant is entitled to get anticipatory bail and not for a limited period as the matter is completely false. He placed reliance upon 1997 (I) MPWN 80 (Bhagwant Singh v. State of M.P.) where this question was considered and it was observed that various considerations have to be seen and the combined effect of which must weigh to the Court while granting or rejecting the anticipatory bail. In that case, the accused was involved in a case under sections 294, 323 and 506B, IPC. Here in the present case the applicant is involved in a case under sections 353, 294 and 506B, IPe.

(3.) CONSIDERED the contentions and perused the authority aforesaid relied upon by the learned counsel for the applicant. Considering the facts and circumstances of the case, the applicant is entitled to get anticipatory bail. He may be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/ - with two sureties in the like amount to the satisfaction of the Police Officer competent to arrest him in the event of his arrest. He shall abide by the conditions mentioned in section 438(2) of the Cr PC.