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Madhya Pradesh High Court

Ram Singh vs The State Of Madhya Pradesh on 9 March, 2021

Author: Vishal Mishra

Bench: Vishal Mishra

             THE HIGH COURT OF MADHYA PRADESH
                       MCRC-12447-2021
              (RAM SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 09/03/2021
      Shri Prabal Pratap Solanki, learned counsel for applicant.

      Shri   A.K.    Nirankari,     learned    Panel       Lawyer   for

respondent/State.

Heard learned counsel for the parties.

The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of anticipatory bail apprehending his arrest in connection with Crime No.106/2020, registered by police station Chinnor, District Gwalior, in relation to the offences punishable under Sections 294, 323 and 34 of IPC further added Sections 307, 147 and 148 of IPC.

It is the submission of learned counsel for applicant that applicant has falsely been implicated in the case and he has not committed any offence in any manner. Allegation of inflicting injuries to the injured has been alleged against the applicant. Learned counsel for the applicant placed reliance upon the order dated 24.02.2021 passed by this Court in M.Cr.C. No.10167/2021 (Bharat Singh Vs. State of M.P.) and therefore, seeks parity. He is having no criminal antecedent. He is ready to abide by all the THE HIGH COURT OF MADHYA PRADESH MCRC-12447-2021 (RAM SINGH Vs THE STATE OF MADHYA PRADESH) terms and conditions as may be imposed by this Court.

Learned Public Prosecutor for the State opposed the application and prayed for dismissal of the application, but could not differentiate the case of applicant from Bharat Singh.

After considering the rival submissions and also the fact that co-accused Bharat Singh has already been enlarged the benefit of anticipatory bail vide order dated 24.02.2021 passed in M.Cr.C. No.10167/2021, this Court is of the considered opinion that applicant deserve to be released on anticipatory bail, without commenting on the merits of the case, it is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of Investigation Officer / trial Court, as the case may be with submission of written undertaking that he will abide by the terms and conditions of different circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic and he will has to install Arogya Setu App, if not already installed.

THE HIGH COURT OF MADHYA PRADESH MCRC-12447-2021 (RAM SINGH Vs THE STATE OF MADHYA PRADESH) This order will remain operative subject to compliance of the following conditions by the applicant:-

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 an offence similar to the offence of which he is accused;
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; and
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to THE HIGH COURT OF MADHYA PRADESH MCRC-12447-2021 (RAM SINGH Vs THE STATE OF MADHYA PRADESH) SHO of concerned police station for information.

Application stands allowed and disposed of. Certified copy/ e-copy as per rules/directions.

(Vishal Mishra) JUDGE LJ* LOKENDRA JAIN 2021.03.09 16:35:34

-08'00'