Madhya Pradesh High Court
Vinod @ Chandra Shekhar Singh Tomar vs The State Of Madhya Pradesh on 17 March, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 MCRC-14397-2021
THE HIGH COURT OF MADHYA PRADESH
MCRC-14397-2021
(VINOD @ CHANDRA SHEKHAR SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)
Gwalior dated:17.03.2021
Shri O.S. Kushwah, learned counsel for petitioner.
Shri K.S. Tomar, learned Panel Lawyer for the State.
Learned counsel for the rival parties are heard.
Case-diary perused.
This is first application u/S.438 Cr.P.C. for grant of anticipatory
bail by the petitioner.
Petitioner apprehends arrest in connection with offence punishable
u/Ss.353, 186, 294 and 506 IPC registered as Crime No.626/2018 at
Police Station Gole Ka Mandir, District Gwalior (M.P.).
Petitioner apprehends arrest in respect of offence of assault against
the petitioner to deter the government servant to discharge duty.
Prosecution story reveals that wife of petitioner was in critical
health of status and was advised to bed rest at her home which resulted
the petitioner to great stress and when the team of malaria department
came to inspect the area where water logging took place in the house,
arguments took place on petty issues which led to petitioner abusing the
government servant. The incident appears to be based on impulse more
than intent lying in the foundation of incident.
Considering the above and that the material placed on record does
not disclose the possibility of petitioner fleeing from justice, this Court is
inclined to extend the benefit of bail to the petitioner but with certain
stringent conditions.
2 MCRC-14397-2021
Accordingly, without expressing any opinion on merits of the case,
I deem fit appropriate to allow this application u/S.438 of Cr.P.C. in the
following terms.
It is hereby directed that in the event of arrest, the petitioner shall
be released on bail on furnishing a personal bond in the sum of Rs.
50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like
amount to the satisfaction of the Arresting Authority.
This order will remain operative subject to compliance of the
following conditions :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner 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;
4. The petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial;
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The petitioner shall mark his presence at the concerned Police Station once every week till conclusion of investigation.
The petitioner has gracefully agreed to act as a Shiksha Swayamsevak by rendering physical and financial assistance to 3 MCRC-14397-2021 government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa ] The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA ].
The Registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and follow up.
4 MCRC-14397-2021 A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned who in turn shall encourage the petitioner to indulge in community service as aforesaid.
A copy of this order be sent to the Court concerned for information. C.c as per rules.
(Sheel Nagu) Judge vpn VIPIN KUMAR AGRAHARI 2021.03.18 11:15:24 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'