Madhya Pradesh High Court
Pintu @ Arvind vs The State Of Madhya Pradesh on 12 October, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No. 36573/2020
( Pintu alias Arvind Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 12/10/2020
Shri Kaushlendra Singh Tomar, Advocate for the applicant.
Shri Rohit Mishra, Additional Advocate General for the
respondent/State.
Shri Vijay Singh Rathore, Advocate for the complainant. 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.
I.A. No.18083/2020, an application under section 301(2) of the Cr.P.C. is allowed.
This is first application, under section 438 of the Cr.P.C., for grant of anticipatory bail.
Applicant apprehends arrest in connection with Crime No.420/2020 registered at Police Station Porsa, District Morena for the offences punishable under Sections 452, 294, 323, 336, 506, 34 and 302 of the IPC.
The allegations against the applicant and co-accused persons, in short, are that on the date of incident, at about 8 p.m., co-accused Sunil came to the house of complainant and demanded a mobile chip and on being refused, they hurled filthy abuses and beat Shivram by Lathi, Pharsa and stone, who died during treatment.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 36573/2020 ( Pintu alias Arvind Vs. The State of Madhya Pradesh ) (2) Learned counsel for the applicant submits that applicant has been falsely implicated in the case. Omnibus allegations have been levelled against him. His name does not figure in the FIR. He has been impleaded on the basis of memorandum of co-accused Jitendra and Devendra recorded under section 27 of the Evidence Act. There are material contradictions and omissions in the prosecution version as recorded in the FIR and as narrated in the statements recorded under Ss.161 and 164 of the Cr.P.C. Learned counsel for the applicant further submitted that in view of COVID-19 outbreak, detention of applicant in already congested prisons may be detrimental. Applicant is ready to cooperate in the investigation. He is a permanent resident of Village Tareni, P.S. Porsa, District Morena and there is no likelihood of his absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.
On the other hand, learned counsel for the State assisted by learned counsel for the complainant opposed the prayer for grant of anticipatory bail.
At this stage, the applicant volunteered to deposit an amount of Rs.10,000/-(Rupees Ten Thousand Only) in the account of the High Court Bar Association, Gwalior.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 36573/2020 ( Pintu alias Arvind Vs. The State of Madhya Pradesh ) (3) Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.
The application is, accordingly, allowed and it is hereby directed that in the event of arrest of the applicant namely Pintu alias Arvind, 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.
It is made clear that benefit of anticipatory bail shall be extended to the applicant only on depositing an amount of Rs.10,000/- (Rupees Ten Thousand Only) with High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the Courts owing to ongoing COVID-19 pandemic. The applicant shall submit an attested copy of its receipt before the Principal Registrar of this Court for HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No. 36573/2020 ( Pintu alias Arvind Vs. The State of Madhya Pradesh ) (4) keeping the same on record of the case. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant shall install Aarogya Setu App (if not already installed) in his mobile phone.
2. The applicant will comply with all the terms and conditions of the bond executed by him;
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.
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.
Certified copy/e-copy as per rules/directions.
(S.A.Dharmadhikari) Judge (and) ANAND SHRIVASTAVA 2020.10.13 10:02:47 +05'30'