Vijay Shukla vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard, learned counsel for the parties.

Case diary perused.

This is third application, under section 438 of the Cr.P.C., for grant of anticipatory bail. The first one was dismissed on merits vide order dated 13/3/2020 passed in M.Cr.C. No.5727/2020 and the second application has been rejected for want of material change in the circumstances of the case vide order dated 8/7/2020 passed in M.Cr.C. No. 12913/2020

Applicant apprehends arrest in connection with Crime No. 545/2019 registered at Police Station Gwalior, District Gwalior for the offence punishable under section 306 of the IPC.

Allegations against the applicant, in short, are that while the deceased was working as a Tracking Machine Operator in the company owned by the present applicant some parts of the machinery were looted. Thereafter the present applicant subjected the deceased to cruelty and harassment and used to torture him and demand money for loss caused to him due to which the deceased had no other option but to commit suicide by consuming poison. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated. It is informed that he has tested positive for COVID-19 twice; the recent test having been conducted on 25/9/2020. Applicant has filed the report which is available on record. Accordingly, it is prayed that interm anticipatory bail for a period of sixty days may be granted to the applicant.

On the other hand, learned Additional Advocate General has no objection to the aforesaid prayer in view of the fact that applicant has tested positive for COVID-19.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits thereof, I deem it appropriate to extend the benefit of interim anticipatory bail to the applicant for a period of sixty days.

It is, hereby, directed that in the event of arrest of applicant namely Vijay Shukla, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Authority. The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative for a period of sixty days from today subject to compliance of the following conditions by the applicant:-

The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.

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 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 seek unnecessary adjournments during the trial;

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

If the applicant commits any offence while being on interim anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

After expiry of the period of sixty days, the applicant shall be at liberty to surrender and apply for regular bail.

Learned counsel for the State is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

The application, accordingly, stands disposed of.

Certified copy/e-copy as per rules/directions.