Rakesh Sharma And Others vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicants for grant of anticipatory bail.

Applicants apprehend arrest in connection with Crime No.59/2021 registered at Police Station Kotwali, District Datia for the offences punishable under Sections 452, 323, 294, 506/34 of IPC.

The allegation against the applicants, in short, is that on 11.02.2021 at about 6.00 a.m. all the applicants came to the house of the complainant. Applicant No.1- Rakesh wielded a hockey and all of them entered in the house of the complainant and started abusing him filthily and when they were stopped, the complainant was thrown on the ground and applicant No.1-Rakesh Sharma beat him with hockey on his back. On the basis of the aforesaid, crime has been registered.

Learned Counsel for the applicants submits that the applicants have been falsely implicated in the matter. They have enmity with the complainant and some matrimonial dispute is also going on. The cousin sister of applicant No.1- Rakesh Sharma is married to the complainant and was continuously subjected to harassment in respect of dowry. FIR has been registered by the sister of applicant No.1- Rakesh Sharma against the complainant in respect of offence punishable under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act. Only with the intent to pressurize the applicants and the complianant's wife, false complianant has been registered against the applicants. Applicant No.2- Rahul Sharma and applicant No.3- Ajay Sharma are sons of applicant No.1- Rakesh Sharma and are students and residing at Indore for education purpose. Learned counsel 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. Applicants are permanent resident of District Shivpuri 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.

In response, learned Additional Advocate General has opposed the anticipatory bail application and prays for dismissal of the application.

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, they shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the 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, hygine 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 be;

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 Office, as the case may be;

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.

If the applicants commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.