Ramprakash Puri vs State Of Madhya Pradesh

This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.103/2020, registered at Police Station Bagchini, District Morena, for the offences punishable under Sections 306 and 34 of IPC.

It is the submission of counsel for the applicant that applicant apprehends his arrest on the basis of registration of offence referred above. It is further submitted that applicant is father of deceased and they shared dispute because of some family property. As per the allegation, applicant did not intend to give share in the family property to the deceased and therefore, being harassed by this, deceased committed suicide. It is submitted by the counsel for the applicant that such allegation cannot constitute offence of abatement as per ingredients of Section 107 of IPC. Counsel relied upon the judgment rendered by the Hon'ble Apex Court in the case of Sanju alias Sanjay Singh Senger Vs. State of M.P reported in AIR 2002 SC 1998 in support of his submission. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in trial/investigation and would not be a source of embarrassment or harassment to the complainant party in any manner. He undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. Accordingly, prayer for anticipatory bail has been made.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the facts and circumstances of the case and considering the fact that in view of Covid-19 pandemic, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicants shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency, as undertaking 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 (COVID-19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 them 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;

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

Applicant shall deposit Rs.1,000/- in PM CARES Fund within 30 days having Account Number : 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code : SBININBB104, Name of Bank & Branch : State Bank of India, New Delhi Main Branch from the date of the passing of this order.

The applicant will inform the SHO 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 for information.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions