Naresh And Another vs State Of Madhya Pradesh

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.

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

Applicants apprehend arrest in connection with Crime No.87/2020 registered at Police Station Manpur, District Sheopur for the offences punishable under Sections 294, 323, 147, 148, 149 and subsequently enhanced 324, 325 and 326 of the IPC.

The allegation against the applicants and co-accused persons, in short, are that they indulged into a quarrel with the victims with regard to the land and thereafter abused them filthily and beat the victims with Lathi, due to which they received injuries. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicants submits that applicants have been falsely implicated in the case. This is the incident which relates to a group fight in which several persons of both the sides have received injuries. Individual act has to be seen when there is a cross case. The allegation against applicant Naresh is of wielding Danda on Jagveer while that against applicant Trilok is of inflicting Lathi injury on the shoulder of Harimohan. Offence under Section 326 of IPC is not attributable to the present applicants. Learned counsel for the applicant further submitted that in view of COVID-19 outbreak, detention of applicants in already congested prisons may be detrimental. Applicants are ready to cooperate in the investigation. They are permanent residents of Village Tongni, P.S. Manpur, District Sheopur and there is no likelihood of their absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.

On the other hand, learned counsel for the State opposed the prayer for grant of anticipatory bail.

At this stage, each one of the applicants volunteered to deposit an amount of Rs.5,000/-(Rupees Five Thousand Only) in the account of the High Court Bar Association, Gwalior.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

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 applicants.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of each one of the applicants namely Naresh and Trilok, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Authority. Each one of the applicants 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.

It is made clear that benefit of anticipatory bail shall be extended to the applicants only on depositing an amount of Rs.5,000/- (Rupees Five Thousand Only) each with 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. The applicants shall submit an attested copy of its receipt before the Principal Registrar of this Court for keeping the same on record of the case. 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.

This order will remain operative subject to compliance of the following conditions by the applicants:-

The applicants shall install Aarogya Setu App (if not already installed) in their mobile phones.

The applicants will comply with all the terms and conditions of the bond executed by them;

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

The applicants 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 applicants will not seek unnecessary adjournments during the trial;

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

If the applicants commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Learned counsel for the State 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.

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