Madhya Pradesh High Court
Chhotu @ Suryakant Dubey vs The State Of Madhya Pradesh on 21 May, 2021
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.22410/2021
( Chhotu alias Suryakant Dubey Vs. State of M.P. )
Gwalior Bench:
Dated 21/05/2021
Shri Pallav Tripathi, learned counsel for the applicant.
Smt. Padmshri Agrawal, learned PL for the
respondent/State.
Heard through Video Conferencing.
Perused the case diary.
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. 245/2021, registered at police station Pichhore, District Shivpuri, in relation to the offences punishable under Sections 452,294,323,325,506-B, 34 of IPC.
It is the submission of learned counsel for applicant that applicant is apprehending his arrest on the basis of criminal case registered against him as referred above. Applicant is a boy, aged 19 years. It is further submitted that except offence under Section 452 of IPC all other offence are bailable in nature. On minor dispute case has been filed. At the instance of applicant also, a cross case has been registered against the complainant party. Applicant does not bear any criminal record. Confinement would bring him social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and would not be a source of embarrassment/ harassment to the complainant party in any manner. On these grounds prayer for anticipatory bail is HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No.22410/2021 ( Chhotu alias Suryakant Dubey Vs. State of M.P. ) made out.
Learned counsel for the State opposed the prayer made by the applicant and prayed for dismissal of the application.
Considering the submissions of learned counsel for the applicant, fact situation of the case and period of COVID-19 pandemic, without expressing any opinion on the merits of the case, this Court intend to allow this bail application. It is directed that applicant shall be released on bail in case of his arrest on furnishing 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 Arresting Authority/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant shall comply with all the terms and conditions of the bond executed by him;
2. The applicant shall cooperate in the investigation/trial, as the case may be;
3. The applicant shall 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 applicant shall not commit an offence similar to the offence of which he is accused; and he would not move in the vicinity/area of the complainant party.
5. The applicant shall not seek unnecessary adjournments during the trial;
6. The applicant shall not leave India without previous HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No.22410/2021 ( Chhotu alias Suryakant Dubey Vs. State of M.P. ) permission of the trial Court/Investigating Officer, as the case may be; and A copy/E-copy of this order be sent to the Court concerned for compliance.
E-copy/Certified copy as per rules.
(Anand Pathak) V. Judge jps/-
JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH PRAKASH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf17 SOLANKI 9cec865c7633f4cfb9e38ce14fcbb05b9522 a, cn=JAI PRAKASH SOLANKI Date: 2021.05.22 13:27:58 +05'30'