Rishi Kumar Pathak @ Vicky Pathak vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with

Crime No. 354/2021 registered at Police Station-Civil Lines, District-Chhatarpur (MP) for the offence punishable under Sections 294, 323, 341, 365,

506 and read with Section 34 of IPC.-

Prosecution case, in short, is that on 02.06.2021, applicant/accused and other co-accused were taking liquor at that time complainant/Raj Kumar

reached there. Present applicant/accused and co-accused abused the complainant with filthy language and took him by motor cycle. Thereafter

present applicant/accused and co-accused beat and left him near railway culvert.

Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. He has no previous

criminal antecedent. He is government servant posted as peon on the basis of compassionate appointment. There is no probability to repeat the

offence. No custodial interrogation is required in this case. It is the time of COVID- 19 Pandemic, due to which, social distancing is very necessary.

Conclusion of trial will take long time for final disposal, due to COVID-19. There is no probability of his absconding or tampering with the evidence of

the prosecution witnesses. Therefore, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

Per-contra, learned P.L. for the respondent/State opposes the bail application.

Considering the contention of both the parties and this fact that he has no previous criminal antecedent, applicant/accused is aged about 30 years

young boy, he is government servant, there is no probability to repeat the offence, it is alleged by the prosecution that applicant/accused and co-

accused themselves left the complainant on their will near railway culvert, no custodial interrogation is required in this case, there is no probability of

his absconding or tampering with the evidence of the prosecution witnesses.

In view of the aforesaid and looking to the whole facts and circumstances of the case, without expressing any opinion on merits of the case, I am of

the considered view that it would be appropriate to grant the anticipatory bail to the applicant. Consequently, this first application for anticipatory bail

filed on behalf of applicant is hereby allowed.

It is directed that the applicant-Rishi Kumar Pathak @ Vicky Pathak will surrender himself before Investigating Officer of the concerned police

station, within ten days from the date of receipt of certified copy of this order and then in the event of his arrest, he be released on his furnishing a

personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the

Arresting Authority.

It is further directed that the applicants shall make himself available for interrogation before the Police Officer as and when required. They shall

further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

C.c as per rules.