Surjeet Singh vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of bail. Applicant is apprehending his arrest in respect of registration of crime No. 112/2020 registered at Police Station Nagra, District Morena in relation to the offences punishable under Sections 354, 506 of IPC and Section 7/8 of POCSO Act.

It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on the basis of offence registered against him as referred above. He referred Annexure A/2 attached with the application which is an FIR registered at the instance of present applicant against the family of prosecutrix because of some disputes erupting between the two families. Because of said dispute, these false allegations have been levelled. It is further submitted that name of applicant did not figure in FIR and statement under Section 161 of Cr.P.C., but later on incorporated in statement under Section 164 of Cr.P.C. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes not to be source of embarrassment or harassment to the complainant party in any manner and further undertakes to cooperate in investigation/trial. On these grounds, prayer for anticipatory bail is made out. Counsel for the State opposed the prayer and prayed for rejection of bail application.

Considering the submissions and looking to the COVID-19 situation, this Court is inclined to allow the application under Section 438 of Cr.P.C. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Arresting Authority/Investigating Officer.

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

The applicant will not commit an offence similar to the offence of which he is accused and would not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity;

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall appear before the investigation officer as and when required and would cooperate in the investigation.

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.