Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 19 May, 2020
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.11069/2020
(Neeraj Sharma Vs. State of M.P.)
Gwalior, dated :19.05.2020
Shri Siddharth Sharma, learned counsel for the applicant.
Shri Vijay Sudaram, learned PL for the respondent/State.
Matter is heard through Video Conferencing. The applicant has filed this second application under Section 438 of Cr.P.C for grant of anticipatory bail and he is apprehending his arrest on the basis of offence registered vide Crime No.15/2020 at Police Station Sirol, District Gwalior, for the offence punishable under Sections 386/34 of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is apprehending his arrest on the basis of registration of offence referred above. Earlier anticipatory bail application was dismissed although on merits but looking to the fact that transcript prepared regarding conversation held between applicant and complainant indicate that offence of Section 386 of IPC is not made out. Beside that it is further submitted that some cases referred against him to his discredit are stale in nature and out of which one case has been quashed and in another case complainant intends to settle the matter inter se. Therefore, his criminal antecedents cannot come to prejudice his prospects in the present case. He further referred the situation prevailing in the country regarding COVID-19 Pandemic 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11069/2020 (Neeraj Sharma Vs. State of M.P.) and submitted that as and when situations rolls out of lock-down, he will make himself available for investigation. He further undertakes to cooperate in the investigation/trial, if any. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID- 19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned P.L. for the State vehemently opposed the prayer and on the basis of previous order dated 20.02.2020 and on the basis of case diary, he submitted that it is the case where investigation has to undergo. The moment, situation of COVID-19 is over, he would be required for investigation. Therefore, he prayed for dismissal of this anticipatory bail application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the rival submissions of the learned counsel for the parties and the fact situation as well as allegations, no case is made out for interference. Therefore, anticipatory application is hereby dismissed accordingly.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1 KHAN 954237f6324416af3985b5e9940ed42, serialNumber=111cc474a72b078dc9a89f3cb13bb 668fd8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2020.05.19 17:18:49 +05'30' 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.11069/2020 (Neeraj Sharma Vs. State of M.P.) Rashid