Madhya Pradesh High Court
Dr. Santosh Singh Raghuvanshi vs The State Of Madhya Pradesh on 19 October, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR 1
M.Cr.C. No.39104/2020
( Dr. Santosh Singh Raghuvanshi Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 19.10.2020
Shri Rohit Bansal, Advocate for the applicant.
Shri Rohit Mishra, Additional Advocate General for the
respondent/State.
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 the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.
Applicant apprehends arrest in connection with Crime No.729/2020 registered at Police Station - Kotwali, District Guna (M.P.) for the offences punishable under Sections 448, 379, 506 and 34 of IPC.
The allegation against the applicant and other co-accused, in short, is that a written complaint has been lodged on 05.09.2020 stating therein that her daughter-in-law and her family members entered the house of the complainant and broke open the locks and stolen the laptop and motorcycle and also took illegal possession of the house. On the basis of the aforesaid, crime has been registered.
Learned counsel for the applicant submits that applicant is HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1 M.Cr.C. No.39104/2020 ( Dr. Santosh Singh Raghuvanshi Vs. The State of Madhya Pradesh ) (2) aged about 35 years and is the doctor by profession and has falsely been implicated in the case. He is a reputed person of the locality. General and omnibus allegations have been levelled against all the accused persons. Trial Court has enlarged the other co-accused persons on anticipatory bail under Section 438 of Cr.P.C. but has rejected the application of the applicant on the ground that certain recovery has to be made. Counsel for the applicant submits 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 permanent resident of District Ashoknagar and there is no likelihood of absconsion or tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.
In response, learned Additional Advocate General appearing for the respondent/State has opposed the anticipatory bail application and prays for its rejection.
At this stage, learned counsel for the applicant volunteered to deposit an amount of Rs.5,000/- (Rs.Five Thousand Only) in the account of the High Court Bar Association, Gwalior.
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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1 M.Cr.C. No.39104/2020 ( Dr. Santosh Singh Raghuvanshi Vs. The State of Madhya Pradesh ) (3) directed that in the event of arrest of applicant, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of Arresting Authority.
It is made clear that benefit of bail shall be extended to the applicant only on depositing an amount of Rs.5,000/-(Rs.Five Thousand Only) in the account of the 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. 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. The applicant shall submit an attested photocopy of such receipt before the concerned court for placing the same on record.
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 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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1 M.Cr.C. No.39104/2020 ( Dr. Santosh Singh Raghuvanshi Vs. The State of Madhya Pradesh ) (4) 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 Additional Advocate General 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 SP SANJEEV KUMAR PHANSE 2020.10.19 18:35:45 +05'30'