Apsara vs State Of M.P

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard learned counsel for the parties.

Case diary perused.

This is first bail application under Section 438 of the Cr.P.C preferred for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.. 636/2019 registered at Police Station Janakganj District Gwalior (M.P.) for the offences punishable under Sections 294, 323, 324, 506,34 and 325 of the IPC and added Sections326 of the IPC.

Allegations against the applicant, in short, is that the applicant used abusive language against the complainant, which was opposed by the complainant, due to which, co-accused Shakeel Khan had assaulted the complainant by means of Axe, which hit on the head of the complainant, due to which, blood started oozing out. Co-accused Imran Khan assaulted the complainant by means of stone, which hit on her waist. Thereafter, Mustari came to rescue the complainant, on which, the co-accused Rukshar assaulted the Mustari by means of Danda whereas present applicant beat her by kicks and fists which hit on the elbow. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant is a young girl and she has been falsely implicated in the matter. It is submitted that applicant has not inflicted any injury to victim by sharp edged weapon, therefore, Section 326 of the IPC is not made out against the applicant. The rest of the offences are bailable in nature. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. Applicant is permanent resident of Nimbaji Ki Khoh Kaka Baba Ki Bagiya, Jiwajiganj District Gwalior (M.P.) and there are no chances of her absconding or tampering with the prosecution evidence. She shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned Additional Advocate General opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs. 2,000/- (Rs. Two Thousand Only) in High Court Bar Association, Gwalior.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a local solvent surety of the like amount to the satisfaction of Arresting Authority. The applicant shall also furnish a written undertaking that she will abide by 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 :-

It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs. 2,000/-(Rs. Two 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 install Aarogya Setu App (if not already installed) in her mobile phone.

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.

The applicant will not indulge herself 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 shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

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.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court. Certified copy/e-copy as per rules/directions.