Anurag Kaushik vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this first application under Section 438 of Cr.P.C., for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.242/2021 registered at Police Station- Thatipur, District- Gwalior for the offence

punishable under Sections 341, 294, 327, 323, 324, 336, 506 and 34 of IPC.

Allegations against the applicant and co-accused persons, in short, are that on 14/04/2021 at about 1:30 AM, when the complainant was returning to

his home after attending the birthday party of his friend, the complainant met with present applicant - Anurag Kaushik on the way and some quarrel

took place between them in relation to blow the horn of bike and demand of money for consuming liquor. When the complainant refused the same,

present applicant Anurag Kaushik started abusing him filthily and called his brother i.e. co-accused Abhishek Kaushik and co-accused- Shani Bansal

to beat him. Thereafter, co-accused Abhishek Kaushik and Shani Bansal, armed with hockey, came there and co-accused Abhishek Kaushik

assaulted the complainant by hockey on his head and right ribs, due to which, he received injuries. Co-accused Shani Bansal assaulted the complainant

by hockey on his head and noise, due to which, blood started oozing out and present applicant Anurag Kaushik also assaulted the complainant by

hockey on his head and near the left ear, due to which, blood started oozing out. On crying the complainant, friend of the complainant came to rescue

him, they also pelted stones on him and beaten him. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is a youth of 25 years of age who has no criminal past alleged against him and he has

been falsely implicated in the case. It is also submitted that co-accused Abhishek Kaushik has been enlarged on bail by this Court in

M.Cr.C.No.22558/2021. The applicant is a youth of 25 years and if he is arrested and put behind the bar, his entire future would be spoiled. It is also

submitted that owing to COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. Applicant is ready to cooperate

in the investigation. He is a permanent resident of District- Gwalior and there is no likelihood of his absconsion or tampering with the prosecution

evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions prayer for

grant of anticipatory bail is made.

On the other hand, learned Additional Advocate General opposed the application and prayed for its rejection by contending that on the basis of the

allegations and material available on record, no case for grant of bail is made out.

At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) in the account of the

High Court Bar Association, Gwalior.

Taking into consideration the facts and circumstances of the case as well as the fact that the applicant is a student and his examinations are going on,

but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

Accordingly, this application is allowed and it is hereby directed that in the event of arrest of applicant, he shall be released on bail on furnishing a

personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority,

subject to deposit of Rs.10,000/-(Rupees Ten Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance

and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to

ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the

donation reaches the rightful and deserving claimants. The applicant shall submit an attested photocopy of such receipt before the concerned court for

placing the same on record.

The applicant shall also furnish a written undertaking that he shall abide by all the terms and conditions of various circulars, as well as, orders issued

by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing,

hygiene etc. to avoid proliferation of Corona virus.

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 her;

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

The applicant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant will not seek unnecessary adjournments during the trial;

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

If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the

Court.

Certified copy/e-copy as per rules/directions.