Vikash Dwivedi vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first application under Section 438 Cr.P.C. for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.624/2020

registered at Police Station- Garha District- Jabalpur (M.P.) for the offence under Section 306 and 34 of IPC.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. It is stated that the applicant has not

committed any offence and there is no direct or indirect evidence against the applicant. It is further submitted that there is no criminal antecedents

against the applicant. Co-accused persons, under similar circumstances, have been released on bail by this Court in M.Cr.C.Nos.46368/2020 &

46657/2020. The trial will take time to conclude. The applicant is ready to cooperate with investigation and shall abide by all the conditions which may

be imposed by this Court; hence, prays for anticipatory bail.

Learned counsel for the respondent/State vehemently opposes the bail application and prays for it's rejection.

Heard rival contentions of the parties and perused the entire documents annexed with the PDF file.

Looking to the entire facts and circumstances of the case, nature of allegations and the fact that co-accused persons under similar circumstances have

been granted the benefit of anticipatory bail, the applicant may be enlarged on bail. Hence without expressing any opinion on merits of the matter, this

application is allowed. It is directed that in the event of arrest or surrender of applicant - Vikas Dwivedi before the Arresting

Authority/Investigating Officer in relation to the aforementioned crime number within a period of 15 days from today, he shall be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh o nly) with a solvent surety each in like amount to satisfaction of

Arresting/Investigating Officer on following conditions:

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the investigation/trial, as the case may be;

(3) 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the period of bail;

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

(6) The applicant shall inform the Investigating Officer/trial Court about his address and residence in case he moves out from permanent address for

any point of time;

(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail was/were granted under that section.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for

cancellation of bail granted today.

The applicant shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.

Certified copy as per rules.