Dharmendrda Sharma vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail filed by the applicant.

Applicant apprehends arrest in connection with offences punishable u/Ss. 353, 332, 333, 341, 186, 147 of IPC registered as Crime No.68/2017 at

Police Station Bhaguapura, District Datia (M.P.).

Learned Panel Lawyer for the State 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.

Applicant apprehends arrest in respect of aforementioned offences. The incident arose out of a road accident. The impulse more than intent may be

the foundation behind the incident. Similarly placed co-accused Keshav Singh Rajput has been granted benefit of anticipatory bail vide order dated

10.02.2020 in Mcrc.5581.2020.

Considering the above facts and circumstances and that the material placed on record does not disclose possibility of applicant fleeing from justice, this

court is inclined to extend benefit of anticipatory bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to allow this application u/S. 438 of Cr.P.C. in the following

terms.

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

Fifty Thousand only) with two solvent sureties each of Rs. 25,000/- to the satisfaction of the Arresting Authority.

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

The applicant shall not commit and 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 petitioner shall mark his presence before the concerned Police Station firstly on 25.02.2020 and thereafter once a week till conclusion of the

investigation.

The petitioner shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of

village/Tehsil of residence of petitioner for three (3) hours everyday including Sunday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health

Centre situated in close vicinity to the place of residence of petitioner Compliance of this condition shall be ensured and verified by issuing certificate

to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality

concerned. This certificate shall be filed before the Registry of this Court once in every month. If the Registry finds that either the compliance report

is not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.

C.c. as per rules.