Ghanshyam vs State Of M.P & Others

Vishal Mishra, J

The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has an apprehension of his arrest in connection with

Crime No.96/2020 registered at Police Station Phoop, Bhind for the offences punishable under Sections 307 and 147 of IPC.

It is submitted by the counsel for the applicant that the applicant has been falsely implicated. He has not committed any offence in any manner. It is

argued that the incident is said to have taken place at Bhind on 31.3.2020 and at that time in the entire country there was a position of lock-down

owing to the COVID-19 scenario. The applicant was at Etawa at his home town for which he has got filed an affidavit of the Sarpanch, Gram

Panchayat Dulhaganj, Tahsil Ater, District Bhind to point out the fact that he was not present at the place of commission of offence. He submits that

he is cooperate in the investigation and will ready to abide by all the terms and conditions that may be imposed by this Court. The applicant has shown

his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute Rs.10000/- towards the PM Care Fund during this

COVID-19 scenario. Under these circumstances, counsel for the applicant prays for grant of anticipatory bail to the applicant.

Per contra, learned counsel for the State has opposed the application for grant of anticipatory bail stating that the incident is of 31.3.2020 and applicant

is absconding till date and not cooperated in the investigation. There are specific allegation against the present applicant of pouring kerosene oil and lit

the fire along with the other co-accused. It is submitted that only one accused has surrendered and all are absconding till date. She prays for dismissal

of the application.

Considering the overall facts and circumstances of the case and also the fact that there are specific allegation against the present applicant as per the

prosecution story, this Court is not inclined to allow this application.

Accordingly, the application for grant of anticipatory bail filed by the applicant is hereby rejected.

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