Agyaram vs State Of Madhya Pradesh

Vishal Mishra, J

The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has apprehension of his arrest in connection with Crime No.23/2021 registered at Police Station Daboh, District Bhind for the offences punishable under Section 304 of IPC.

It is alleged that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. The allegation against the present applicant is that he has left the open electric wire in his field and when the complainant's father to give water in his field, due to electric shock, he died. The applicant is ready to abide by all the terms and conditions which may be imposed by this court.

Per contra, counsel for the State opposed the application stating that there are specific allegation against the present applicant for committing offence. There are two other criminal history against the present applicant in the year 2017 under Section 34 of the M.P. Excise Act. Investigation is pending in the matter. He prays for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court deems it appropriate to allow this anticipatory bail application.

It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of Investigation Officer/trial Court, as the case may be with submission of written undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Bhind who shall inform the concerned SHO regarding the same.

Application stands allowed.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate his place of residence to the SHO of concerned Police Station; where he reside. Applicant further submits the undertaking to the effect that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

Copy of this order be sent to the trial Court concerned for compliance.

CC as per rules.