Yogendra Singh Chandel vs State Of M.P

Rajendra Kumar Srivastava, J

This is first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with

Crime No. 116/2020 registered at Police Station-Khajuraho, M.P. for the offence punishable under Sections 188, 353 of IPC and Section 51 of

Disaster Management Act.

The case of prosecution in short is that on 09.04.2020, complainant-Public Servant Constable Ravindra Kumar Lodhi was discharging his duty due to

outbreak of COVID-19. At that time, petitioner-accused was wandering by vehicle bearing registration No. MP 35CA0786 and hence violated the

order of government. Constable objected him. On that, petitioner-accused threatened the constable.

Learned counsel for the petitioner-accused submits that petitioner-accused is a social worker. At the time of incident, he was traveling by car bearing

registration No. MP 35CA0786 in order to supply food to needy persons. Petitioner-accused was also permitted by Municipal Parishad Khajuraho for

the same. Petitioner-accused has no previous criminal antecedent. No custodial interrogation is required in this case. There is no chance of his

absconding and tampering with the evidence. With the aforesaid, he prays for allowing this bail application.

Per-contra, learned P.L. for the respondent/State opposes the bail application.

Heard the arguments of both the parties and perused the case diary which is submitted in PDF format.

On perusal of case diary, keeping in view the contention of counsel for petitioner-accused was permitted to supply the food for needy persons by

vehicle No. MP35CA0786, he filed a document also in this regard, he has no previous criminal antecedent, he is a social worker, no custodial

interrogation is required in this case, there is no chance of his absconding or tampering with the prosecution evidence, therefore, without expressing

any opinion on merits of the case, this first application for anticipatory bail filed on behalf of petitioner is hereby allowed.

 It is directed that the petitioner-Yogendra Singh Chandel will surrender himself before Investigating Officer of the concerned police station, within

ten days' from the date of receipt of certified copy of this order and then in the event of his arrest, he be released on his furnishing a personal bond in

the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority.

 It is further directed that the applicant shall make himself available for interrogation before the Police Officer as and when required. He shall

further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

C.c as per rules.