Shivkumar Sharma & Others vs The State Of Madhya Pradesh

Heard on I.A.No.2231/2020, an application under Section 301 (2) of Cr.P.C.

For the reasons mentioned in the application, I.A.No.2231/2020 is allowed and Shri Vijay Dutt Sharma, counsel and his associates are permitted to

assist the Public Prosecutor in the matter.

At the outset, learned counsel for the applicants prays for withdrawal of the first bail application under Section 438 of Cr.P.C. on behalf of the

applicants No.3 & No. 4 Shivam Sharma and Anuj Sharma respectively.

Prayer is accepted.

The first bail application under Section 438 of Cr.P.C. on behalf of the applicants No.3 & 4 Shivam Sharma and Anuj Sharma respectively is

dismissed as withdrawn.

Learned counsel for the rival parties are heard.

This is first bail application under Section 438 of Cr.P.C. preferred by the applicants No.1 and No. 2 Shivkumar Sharma & Ashutosh Sharma for the

alleged offences registered at Crime No.56/2020 at Police Station Kumbhraj, District Guna for the offences punishable under Sections 452, 324, 323,

294, 506, 354 and 34 of IPC.

It is alleged by the counsel for the applicants that the applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma respectively are Govt. servant

and the applicants No.1 and No.2 have been falsely implicated in the matter. There is a cross-case registered at Crime No.57/2020, Police Station

Kumbhraj, District Guna for the offences punishable under Sections 452, 323, 294, 506, 354/34 of IPC against the present applicants. The injuries

were inflicted by the accused parties. It is further submitted that the applicants No.1 and No.2 are ready to cooperate in the investigation and to abide

with all the conditions which may be imposed by this Court. Under these circumstances, counsel for the applicants prays for grant of anticipatory bail

application to the applicants No.1 and No.2.

Per contra, learned Public Prosecutor for the State as well as the counsel for the complainant has opposed the application stating that there are

specific allegations in respect of the commission of offence against the present applicants No.1 and No.2. The statement of Kiran Sharma has read

over before this Court wherein she stated that the offence was committed by the present applicants. The present applicants No.1 and 2 are Govt.

Servant and the applicants No.1 and 2 are ready to cooperate in the investigation and to abide with all the conditions which may be imposed by this

Court. There are no criminal antecedents against the present applicants No. 1 and No.2 as stated by the State counsel.

Considering the facts and circumstances of the case and applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma respectively are govt.

servant, this Court deems it appropriate to allow this application filed by applicants No.1 and No.2.

It is hereby directed that in the event of arrest, the applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma respectively shall be released on

anticipatory bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety each in the like

amount to the satisfaction of Arresting Officer/ Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicants No.1 and No. 2 Shivkumar Sharma & Ashutosh

Sharma respectively:-

The applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma will comply with all the terms and conditions of the bond executed by them;

The applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma shall make themselves available for interrogation by a 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 ;

The applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma 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 No.1 & No.2 Shivkumar Sharma & Ashutosh Sharma shall not commit an offence similar to the offence of which they are accused;

The applicants No.1 & No.2 Shivkumar Sharma & Ashutosh Sharma will not seek unnecessary adjournments during the trial; and

The applicants No.1 and No.2 Shivkumar Sharma & Ashutosh Sharma will not leave India without previous permission of the trial

Court/Investigating Officer, as the case may be.

The applicants No.1 & No.2 Shivkumar Sharma & Ashutosh Sharma respectively shall mark their presence before the concerning Police Station in

the first week of every month till conclusion of investigation (pending if any) and if charge sheet is being filed, they will mark their presence as per the

directions issued by the concerning trial Court.