Priyanshu Jain vs State Of Madhya Pradesh

@JUDGEMENTTAG- JUDGEMENT

Vishal Dhagat, J

This is the first bail application filed on behalf of the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of arrest, in connection with Crime No.72/2024, registered at Police Station Station-Civil Lines, District-Sagar (M.P.) for the offences punishable under Sections 147, 148, 149, 353, 332, 120-B, 341, 342, 427 of IPC.

Learned counsel appearing for the applicant submitted that applicant is a student and was doing peaceful protest. While doing peaceful protest, some of the students had hurled stones on Vice Chancellor and other staff members, which resulted in injuries and also breaking of window glasses of car. It is submitted that applicant had not acted violently. He was only doing peaceful protest. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that students Surya Kumar Tripathi, Roshan Yadav, Shivam, Amit and Mrityunjay Pathak had hurled stones and manhandled Vice Chancellor and also caused injuries to members of staff by stones and damaged the car.

Heard the learned counsel for the parties.

There is no specific allegation that applicant has also thrown stones. He was part of the protest but there is no allegation that applicant has done any violent act.

Considering the facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed on following conditions :

(i) applicant will appear before Investigating Officer within seven days after being released on bail and cooperate in investigation of the case ;

(iii) applicant will attend the trial regularly and will not seek unnecessary adjournments except for exceptional circumstances.

It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two sureties of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 438(2) of Cr.P.C:-

(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;

(b) he shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) he shall not leave India without the previous permission of the Court;

(d) he shall not commit similar offence, of which, They are accused or suspected.

Certified copy as per rules.