Sanskar Sharma vs State of M.P.

I.A. No. 3184/2020, an application for urgent hearing during lockdown, is taken up, considered and allowed for the reasons mentioned therein.

This is the first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No. 123/2020 registered at Police Station Gwalior District Gwalior for the offences punishable under Sections 327, 323, 294, 506 of the IPC.

Learned counsel for the applicant has submitted that the applicant Sanskar Sharma is a student aged about 18 years. He has not committed any offence and has been falsely implicated on account of personal grudge. There is allegation of extortion of only Rs. 500/- from the complainant who is older than the present applicant. In the FIR also, name of Golu Pandit has been mentioned as an accused. It is further submitted that there is no any criminal antecedents against the applicant. He further undertakes to abide by all the conditions imposed by this Court. Hence, prays for grant of anticipatory bail in the light of the judgment passed by the Supreme Court in the case of Gurbaksh Singh Sibbia vs. State of Punjab, (AIR 1980 SC 1632) and looking to the bright future of the applicant.

Counsel for the State opposed the prayer and has submitted that as per Kafiat received from the concerned police station, the present applicant Sanskar Sharma and Golu Pandit is the same person, who committed the offence. It is further submitted that the offence against the applicant is registered under Sections 327, 323, 294 and 506 of the IPC and Rs. 500/- has been extorted from the complainant for purchasing liquor, which makes the case more heinous. Hence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Looking to the age of the present applicant and the fact that the applicant has no criminal history except the present case, without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, the present applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority.

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 her;

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

The applicant will not indulge herself/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;

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

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

The applicant shall enroll himself with the District Magistrate, Gwalior as "COVID-19 Warriors" by entering his name in a Register named as COVID-19 WARRIOR REGISTER. The applicant then, shall be assigned work of COVID-19 disaster management at the discretion of District Magistrate, Gwalior by taking all prescribed precautions. The nature, quantum and duration of the work assigned is left to the wisdom of District Magistrate, Gwalior. This Court expects that the applicant shall rise to the occasion to serve the society in such crisis by discharging his fundamental duty of rendering national service when called upon to do so as per Article 51-A(d) of the constitution.

Registry is directed to communicate this order through e-mail to the concerned District Magistrate for compliance.

The District Magistrate concerned is directed to intimate this Court in case condition No. 7 is not complied with and on receipt of any such intimation, Registry is directed to list the matter before appropriate Bench as PUD.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

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