Ashutosh Tripathi @Aman 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.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 438, Cr.P.C. for grant of bail.

Applicant apprehends arrest in connection with Crime No. 521/2020 registered at Police Station City Kotwali, District Bhind for the offence

punishable under section 327, 294, 323, 324, 341, 506, 34 of IPC.

The allegation against the applicant, in short, is that the applicant along with co-accused has stopped the complainant on the way and demanded money

for drinking liquor and on denial of the same, the applicant along with co-accused Abhi Tomar, Ashu Tomar, Gopal Kushwah started abusing him and

when he opposed the same, on which, the co-accused Ashu Tomar beat him by means of iron rod, which hit on the nose of the complainant and blood

started oozing out. Thereafter, Sumit and Anup Bhadoriya came to rescue the complainant. The co-accused Gopal Kushwah beat the victim Sumit by

means of iron rod, which hit on his head and blood started oozing out. The co-accused Abhi Tomar and the present applicant beat the victim Anup

Bhadoriya by means of stick (Danda), due to which, he received injuries. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant aged 22 years has falsely been implicated in the case. No specific allegation has been leveled

against the applicant and no overtact has been assigned to him. Omnibus allegations have been levelled against all the accused persons. The applicant

is a meritorious student of B.Pharma and in case, if he is arrested and put behind the bar then his reputation would be tarnished in the eyes of the

society and his entire future career would be spoiled under the company of hardened criminals inside the jail. It is further submitted that applicant has

not caused any injury to the victim. The applicant has no criminal antecedents. 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 ready to cooperate in the investigation. He is permanent resident of

District Bhind (M.P.) and there is no likelihood of absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for

grant of anticipatory bail is made.

Learned State counsel opposed the application on the ground that all the four accused persons had beaten the complainant, due to which, he sustained

injuries. The allegation against the present applicant is of beating Anup Bhadoriya by means of stick (Danda), but according to MLC report, no injuries

have been shown to the victim by means of stick (Danda). The applicant is absconding since the date of registration of FIR. Investigation against the

applicant is pending and custodial interrogation is required 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.

In view of aforesaid arguments, without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to

the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs.50,000-/-

(Rupees Fifty Thousand only) with two local solvent sureties in the like amount to the satisfaction of

Arresting Authority for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking that he 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 :-

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

He 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/her

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

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial;

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

He shall install Arogya Setu App.(If not already installed) in the mobile phone; and

If, the applicant commits any offence after being released on anticipatory bail, then this bail order shall automatically stands cancelled without

further reference to this Court.

Learned State counsel 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.