Madhya Pradesh High Court
Jaswant Singh Gurjar vs The State Of Madhya Pradesh on 10 July, 2020
Author: Anand Pathak
Bench: Anand Pathak
1 M.Cr.C. No.21015/2020
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21015/2020
(Jaswant Singh Gurjar Vs. State of M.P. )
Gwalior, Dated:10.07.2020
Shri R.K.Sharma, learned Senior Counsel with Shri
V.K.Agrawal, learned counsel for the applicant.
Shri C.P.Singh, learned P.L. for respondent/State.
Matter is heard through video conferencing.
This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.52/2020, registered at Police Station Hedargarh, District Vidisha, for the offence punishable under Sections 294, 323, 324, 326, 506 and 34 of IPC.
It is the submission of counsel for the applicant that applicant who is 67 years old, is apprehending his arrest on the basis of registration of offence referred above. It is further submitted that role attributable over the applicant is to catch the victim from back side, but interestingly victim sustained injuries over his calf muscle therefore, it is highly improbable that injuries, inflicted by co-accused Surendra Singh, could have been sustained by victim on calf side (posterior side of leg) when applicant was holding the victim. Cross case has been registered at the instance of accused party against the complainant and offence under Section 325 of IPC alongwith other provisions have been registered against the complainant party. Confinement may bring social disrepute and personal inconvenience. 2 M.Cr.C. No.21015/2020 He undertakes to cooperate in investigation as well as would make himself available as and when required. He further undertakes to install Arogya Setu App. Under these grounds, prayer for anticipatory bail has been made.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.
Considering the facts and circumstances of the case and in view of COVID-19 pandemic, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicants shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency, as 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 (COVID-19) pandemic.
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 3 M.Cr.C. No.21015/2020 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 them 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. Applicant shall not move in the vicinity of complainant and shall not be a source of embarrassment or harassment to the complainant party in any manner.
8. 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 SHO of concerned police station for information.
E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak)
Ashish* Judge
ASHISH CHAURASIA
2020.07.13 12:04:39
+05'30'