Seetaram And Others vs State Of Madhya Pradesh

Vishal Mishra, J

The applicants have filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has apprehension of their arrest in connection with Crime No.113/2021 registered at Police Station Basoda, District Vidisha for the offences punishable under Sections 379 and 414 of IPC.

It is alleged by the counsel for the applicants that the applicants have been falsely implicated in the case and they have not committed any offence in any manner. It is alleged that with respect to the incident an initial interrogation was conducted by the Police Authority on 24.01.2021 from the applicants and no offence was registered. After expiry of two months, an FIR was got registered against the present applicants with respect to the incident said to have taken place on 24.01.2021 and seizure of the vehicle was also made with considerable delay i.e on 19.03.2021 and there is no explanation for the delay on the part of the prosecution.

Counsel for the State was put a specific query with respect to the same, but he is unable to explain the delay and submits that as per the case diary the initial interrogation was made on 24.01.2021 and thereafter on 19.03.2021 the vehicle was seized and FIR was got registered against the present applicants. They are first offenders. The applicants are ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of anticipatory bail. Under these circumstances, learned counsel for the applicants prays for grant of anticipatory bail to the applicants.

Per contra, learned counsel for the State has opposed the bail application, but he could not explain the delay on the part of the prosecution in registering the FIR against the present applicants. It is further submitted that as per the case diary, they are having no criminal antecedent.

Considering the overall facts and circumstances of the case, this Court deems it appropriate to allow this anticipatory bail application subject to verification of the fact that they are having no criminal antecedents. It is hereby directed that in the event of arrest, the applicants shall be released on anticipatory bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of like amount to the satisfaction of Investigation Officer/trial Court, as the case may be with submission of written undertaking that they 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 they 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 applicants:-

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

The applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial;

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

In case any default of the aforesaid conditions, the benefit of bail extended by this Court shall stand rejected automatically.

The applicants will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty of the Dy. Advocate General to send E-copy of this order to SHO of concerned police station as well as the concerned Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed.

C.C. as per rules.