Devendra Kumar Singh vs State Of MP

S.A. Dharmadhikari, J

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. 39/2020 registered at Police Station Ater, District Bhind for the offence punishable under section 327, 323, 294, 506, 34 of IPC.

Allegations against the applicant and other co-accused persons, in short, is that the applicant and other co-accused persons demanded money from the complainant for drinking liquour, which was opposed by the complainant, due to which, the applicant and other co-accused persons used abusive language against the complainant and had also beaten him. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant aged 38 years has been falsely implicated in the present case. He is working in a private company. As per medical report, no injury has been seen on the body of the complainant. 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. The applicant is permanent resident of District Meerut (U.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

Learned State counsel opposed the application on the ground that 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.

Accordingly, 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 one solvent surety in the like amount to the satisfaction of Arresting Authority. 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.