Pappu vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by

the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being

represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

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

The applicant is apprehending his arrest by Police Station Sihore district Shivpuri, in connection with Crime No.183 of 2020 registered in relation to the

offence punishable u/S 452, 323, 294, 506, 34 of IPC.

It is submitted by counsel for the applicant that as per prosecution story, allegation against the present applicant is that he has inflicted injuries to the

complainant by hands and legs. It is argued that though as per allegations ingredients of Section 452 of Cr.P.C are made out but there is no prior

meditation amounting to preparation for commission of offence. The applicant is a first offender and he is ready to abide with all the conditions as may

be imposed by this court. He has shown his willingness to contribute an amount of Rs.5,000/- to the needys during Covid 19 Pandemic scenario. On

these grounds, the applicant prayed for grant of bail.

Per contra, learned counsel appearing for the State has opposed the application stating that there are allegation of inflicting injuries alongwith other co-

accused against the applicant which are medically corroborated. But she fairly submits that the injuries are simple in nature and the applicant is first

offender having no criminal history. She further submits that the investigation is going on in the matter and the applicant is not cooperating.

The Hon'ble Supreme Court in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has

issued directions to all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The

Supreme Court has observed as under :-

“The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus

(COVID â€" 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the

spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered

Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever

designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim

bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who

have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the

prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered

Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number

of years to which he or he has been sentenced or the severity of the offence with which he/he is charged with and is facing trial or any

other relevant factor, which the Committee may consider appropriate.â€​

Considering the over all facts and circumstances of the case coupled with the fact that the applicant has gracefully volunteered to deposit Rs.5,000/-

towards benefit of children residing at Mercy Home, Gwalior, for their benefit during this Covid 19 Pandemic, this Court deems it appropriate to allow

this application for grant of anticipatory bail.

Accordingly, this application is allowed. In the event of arrest, the applicant is directed to be released on bail only on submission of receipt of deposit

of Rs.5000/- within seven days from today with the Administrator of Mercy Home Gwalior and on furnishing a surety bond in the sum of Rs.50,000/-

(Fifty thousand only) with one solvent surety in the like amount to the satisfaction of arresting officer.

The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines

issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel

Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative for a period of 30 days 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 her;

The applicant shall make herself available for interrogation by a police officer as and when required. She shall further abide by all the conditions

enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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

The applicant shall not commit an 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 applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of

the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform

the concerned SHO regarding the same.

Application stands allowed and stands disposed of.

The applicant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they reside. Applicant shall further submits the undertaking to the effect that he will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.