Deepak Sengar vs State Of M.P

Vishal Mishra, J

The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has apprehension of his arrest in connection with Crime No.3/2021 registered at Police Station Kotwali, District Shivpuri (M.P.) for the offence punishable under Sections 327, 294, 323, 506 and 34 of IPC.It is submitted by the counsel for the applicant that the applicant has been falsely implicated in this case and he has not committed any offence in any manner. As per the prosecution case, allegation against the applicant is of inflicting injury to the injured which is said to be simple in nature. The applicant is young aged about 23 years. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of anticipatory bail. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.Per contra, learned Govt. Advocate has opposed the bail application stating that there is specific allegation of inflicting injury against the present applicant. The applicant is having criminal history of one case of minor offence registered in the year 2018. But he fairly submits that the injury inflicted to the injured by the applicant is of simple in nature. The investigation is pending.Considering the overall facts and circumstances of the case, this Court deems it appropriate to allow this application.The application is allowed. In the event of arrest, the applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/-(Rs. Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the Arresting Officer.

The applicant shall submit written undertaking that he will abide by all 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 and he will have to install Arogya Setu App, if not already installed.

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

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

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

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;

The applicant will not move in the vicinity of complainant party and the applicants 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.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Govt. Advocate to send copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform the concerned SHO regarding the same.Application stands allowed. Certified copy as per rules.