Umesh S/O Lalsingh vs State Of M.P

Vivek Rusia, J

This is first application filed under section 438 Cr.P.C seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime

No.375/2020 registered at police station Bhagwanpura, district Khargone for the offence punishable under sections 353, 332, 294, 147, 148, 506 & 324

of the IPC.

As per the prosecution case, the police team of Police Station-Nepanagar District Burhanpur came to the Village Bhagwanpur in order to arrest

Lalsingh, son of the present applicant in connection with Crime No. 629/2020. After seeing the police, Lalsingh managed to flee away with the help of

applicant and other co-accused persons. The allegation against the applicant is that he assaulted the police team by means of Goffan whereby he

prevented the police personnel from discharging their official duty. Accordingly, case has been registered against the applicant and other co-accused

persons for the aforesaid offences.

Learned counsel for the applicant submits that Lalsingh has been arrested by the police later on and the applicant has been unnecessarily made

accused because he is the son of Lalsingh. The applicant is a youth aged 19 years with no criminal past. The investigation is complete and charge

sheet has been filed. The offences are triable by Magistrate. There is no progress in trial due to Corona epidemic, hence prays for grant of

anticipatory bail in the matter.

Learned Panel Lawyer opposes the bail application.

Perused the case diary.

Considering the facts and circumstances of the case, age of the applicant, the present scenario of the corona epidemic and the fact that no overt act

has been attributed against the applicant, without commenting on the merit of the case, the application is allowed. It is directed that in the event of

arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of

Rs.40,000/-- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by

the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

C.c as per rules.