JUDGMENT 1. Heard the counsel for the parties. 2. Looking to the challenge of COVID-19 pandemic which is posing existential problem to human beings, this case has been taken through Video Conferencing in which this Court, counsel for the respective parties and the Member of Staff (who took the dictation) jointly shared the hearing on Video Conferencing (VC) arranged by the Computer Section of the Gwalior Bench of High Court of Madhya Pradesh and counsel for the parties were connected from their residence through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit. 3. Initially, though counsel for the State Shri Ghuraiya referred the resolution dated 20/04/2020 of Madhya Pradesh Bar Association of Bench Gwalior; wherein, Members looking to the practical difficulty in E-filing and for coming to the High Court Premises for VC, they resolved to abstain from work through VC till 3/5/2020. His reluctance was noted and considered; however, counsel for the applicants extended their cooperation because they found this method very convenient. 4. This is a water shed moment for the institution; wherein, not only the Institution but Society, Nations and even Human Existence are facing the threat of Novel Corona Virus (COVID -19) and looking to the fact that Administration of Justice and matters of personal Liberty cannot be deferred for long, with the efforts of Computer Section of High Court (Principal Seat as well as Gwalior Bench), respective Lawyers and Staff were connected through Video Conferencing and it is expected that Lawyers shall cooperate to embrace the technology to ensure personal liberty of an individual and for smooth functioning of Administration of Justice. 5. Today two cases are listed and cooperation of Lawyers who appeared into it through VC, deserves appreciation. 6. Heard the counsel for the parties and arguments noted. 7. The applicants have filed this first bail application u/S.438 Cr.P.C for grant of anticipatory bail. Applicants are apprehending their arrest in connection with Crime No.265/2020 registered at Police Station Kotwali, District Morena for the offence punishable under Sections 420, 406 and 120-B of IPC. 8. It is the submission of learned counsel for the applicants that applicants are officers of a company Eicher Motors Limited and main accused are Abhishek Sharma and Madhusudan Sharma. Abhishek Sharma was partner of complainant Arun Sharma and their partnership firm A.S. Enterprises got dealership of Tractors from Eicher Motors Limited on 12/7/2017. 8. It is the submission of learned counsel for the applicants that applicants are officers of a company Eicher Motors Limited and main accused are Abhishek Sharma and Madhusudan Sharma. Abhishek Sharma was partner of complainant Arun Sharma and their partnership firm A.S. Enterprises got dealership of Tractors from Eicher Motors Limited on 12/7/2017. Due to dispute erupted between the partners, co-accused Abhishek Sharma informed the Eicher Motors Limited to close the dealership firm and it was in the knowledge of the parties because of the dispute existing between them. Company terminated the dealership and therefore, in retaliation thereof, complainant arrayed the present applicants as accused. They have no role to play in the offence. Termination of dealership is at best the subject matter of arbitration or of civil proceedings. Arbitration clause exists in the agreement filed with the application as Annexure A/3. 9. Learned counsel for the applicants referred judgments rendered by Hon'ble Apex Court in the cases of Madhavrao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre reported in 1988 (1) SCC 692 and Paramjeet Batra Vs. State of Uttarakhand and Ors. reported in (2013) 2 SCC 673 to submit that complainant has tried to convert the civil proceeding into criminal offence to exert undue pressure over the company and applicants. Applicants are reputed citizens and chance of their absconsion is remote. Confinement would bring social disrepute and personal/professional inconvenience. Applicants undertake to cooperate in investigation and further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID- 19 Pandemic and would not be source of embarrassment and harassment to the complainant as well as any person related with the case. They further undertake to abide by any terms and conditions as imposed by this Court looking to the situation prevailing in the country. Under these circumstances, they prayed for anticipatory bail. 10. Counsel for the State opposed the prayer and submits that on the basis of instructions received from the concerned Investigating Officer with the request that at present it is difficult to procure the case diary from the Investigating Officer but has taken instructions from him and therefore, he submits that Abhishek Sharma has no authority to inform the company about the termination of dealership and looking to the allegations, their role is to be investigated. He opposed the prayer for grant of anticipatory bail and prayed for dismissal of the bail application. 11. Heard learned counsel for the parties at length through VC and considered the arguments advanced by them. 12. The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under: 'The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate." 13. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pendamic COVIC-19, this Court is of the considered opinion that applicants deserve to be released on bail. 14. After considering the rival submissions as well as considering the peculiar fact situation, wherein, we are facing wrath of pendamic COVIC-19, this Court is of the considered opinion that applicants deserve to be released on bail. 14. As this Court is not in a position to consider the facts of the case in detail, however, considering the fact that in view of Covid-19 pandemic, without commenting on the merits of the case, it is hereby directed that in the event of arrest, the applicants shall be released on bail on their furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) each to the satisfaction of Investigation Officer/trial Court, as the case may be with submission of written undertaking that they will abide by the 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 (COVIC-19) pandemic and they will have to install Arogya Setu App , if not already installed. 15. This order will remain operative subject to compliance of the following conditions by the applicants :- 1.The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselves 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; 4. The applicants shall not commit an offence similar to the offence of which they are accused; 5. The applicants will not seek unnecessary adjournments during the trial; 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 7. The applicants will inform the SHO of concerned police station about their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information. 16. Application stands allowed and disposed of. 17. E- copy o f this order be sent to the trial Court concerned for compliance, if possible for the office of this Court. 18. Certified copy/ e-copy as per rules/directions.