Charan Singh Baghel vs State of M.P.

With consent heard finally 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.403/2020,

registered at Police Station Dehat District Bhind, for the offences punishable under Section 305 of IPC.

Learned counsel for the applicant submits that false case has been registered against him and he is apprehending his arrest on the basis of offence

registered above. It is further submitted that father of the applicant and deceased engaged in a road dispute and therefore, present applicant scolded

the deceased which apparently did not go well with him and he committed suicide. On such minor scolding, suicide is allegedly committed by the

deceased thus, it does not constitute offence. He relied the judgment of Apex Court in the matter of Sanju alias Sanjay Singh Sengar Vs. State of

M.P., 2002 SCC (Cri) 1141.

According to learned counsel for the applicant, he is man of clean record and does not bear any record record. Confinement would bring social

disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would

not be source of harassment and embarrassment in any manner to the complainant party. Looking to COVID-19 pandemic situation and the fact that

no custodial interrogation is required, sympathetic consideration be made. Applicant intends to perform community service. Thus, prayed for

anticipatory bail.

Learned counsel for the State opposed the prayer made by the applicant and prayed for its rejection.

Learned counsel for the complainant vehemently opposed the prayer and prayed for dismissal of this bail application.

Heard learned counsel for the parties and case diary perused. Considering the facts and circumstances of the case and looking to the COVID -19

situation, 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 applicant 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.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant shall comply with all the terms and conditions of the bond executed by him;

The applicant shall cooperate in the investigation/trial, as the case may be;

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/his

from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant shall not seek unnecessary adjournments during the trial; and

The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Applicant shall mark his attendance once in a week before the concerned Police Station from 10:30 am to 4:30 pm for investigation purpose.

Looking to the undertaking and intent of the applicant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero

Day zone, it is imperative that applicant must install Water Harvesting System or Water Recharge System in his house in which he is residing within one month

from today, if he has not installed the system already. If he has installed the system already, then he shall have to submit proof and photographs regarding this

before the trial Court. Applicant shall seek necessary permission required, if any, in this regard from the concerned departments including District Collector, Bhind,

Municipal Council, Bhind and local authorities shall facilitate and cooperate in this regard for installation of water recharge/ harvesting system. Applicant shall have

to maintain the said system in future on regular basis. After installation of system, applicant shall submit a report and compliance certificate (if required), as well as

photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption ""Direction"".

This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the

betterment of Environment and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public

regarding water conservation.

E- copy of this order be sent to the District Collector, Bhind, Municipal Council, Bhind and trial Cour tconcerned for compliance, if possible

for the office of this Court.

Certified copy/ e-copy as per rules/directions.

Application stands allowed and disposed of.

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