Rajaram Jatav & Another vs State Of M.P

S.A.Dharmadhikari, J

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

Applicants apprehend arrest in connection with Crime No.. 58/2021 registered at Police Station Sihonia District Morena (M.P.) for the offences

punishable under Sections 452, 323, 294, 506 and 34 of the IPC.

Allegations against the applicants in short is that on 18/04/2021 in the night at 11.00 pm, complainant had gone to the medical shop for purchasing the

medicines but the shop was closed. While returning back, complainant saw that applicant Rajaram Jatav was urinating on the wall of complainant's

house, therefore, he was stopped by the complainant. Thereafter, applicants and co-accused persons entered in house of the complainant and beat him

with Lathi and Danda due to which he received injuries. On the aforesaid basis, crime has been registered.

Learned counsel for the applicants submits that applicants have falsely been implicated in the matter. It is submitted that all the offences are bailable

except Section 452 of the IPC. The injuries received by the complainant are of simple nature. Infact, complainant used to drink liquor and thereafter

he had fell down and received injuries. Learned counsel for the applicants further submitted that in view of COVID-19 outbreak, detention of

applicants in already congested prison may be detrimental. It is submitted that applicants are permanent resident of District Morena (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.

On the other hand, learned Public Prosecutor opposed the application 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.

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 applicants, applicants namely Rajaram Jatav and Vijay

Singh Jatav shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with a local solvent surety of the

like amount to the satisfaction of Arresting Authority.

The applicants shall also furnish a written undertaking that they 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 applicants :-

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.

The applicants will not indulge themselves 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 shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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

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

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