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Madhya Pradesh High Court · body

2020 DIGILAW 735 (MP)

Surendra Singh Raghuvanshi v. State of M. P.

2020-07-27

ANAND PATHAK

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ORDER 1. With consent heard finally through video-conferencing. 2. This is the second application under section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.655/2019, registered at Police Station Kotwali District Vidisha, for the offences punishable under section 306/34 of IPC. His earlier bail application was dismissed as withdrawn. 3. Learned counsel for the applicant submits that false case has been registered against him and he is apprehending his arrest on the basis of offence registered above. It is further submitted that initially the applicant could not bring sufficient facts before this Court, therefore, this attempt has been made. Applicant is innocent and only on the basis of minor observation in dying declaration in respect of some pending monetary transaction, he has been implicated. Only allegation against the applicant is he intimated the deceased for recovery of money, nothing less, nothing more. Applicant does not bear any criminal record. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would not induce or threat to any of the prosecution witnesses in any manner. Looking to COVID-19 pandemic situation and the fact that no custodial interrogation is required, sympathetic consideration be made. He further undertakes to serve the National cause by contributing in Army Central Welfare Fund. Thus, prayed for anticipatory bail. 4. Learned counsel for the State opposed the prayer made by the applicant and prayed for its rejection. 5. Learned counsel for the complainant also opposed the prayer and prayed its rejection. 6. Heard learned counsel for the parties and case diary perused. 7. Considering the facts and circumstances of the case and looking to the COVID -19 situation, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency. 8. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant shall comply with all the terms and conditions of the bond executed by him; 2. 8. This order will remain operative subject to compliance of the following conditions by the applicant :- 1. The applicant shall comply with all the terms and conditions of the bond executed by him; 2. The applicant shall cooperate in the investigation/trial, as the case may be; 3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/his from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant shall not seek unnecessary adjournments during the trial; and 6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. Applicant shall deposit Rs. 10,000/- in favour of Army Central Welfare Fund (A/c No.520101236373338 of Corporation Bank of India) within one month from the date of release of applicant. 8. Looking to the undertaking and intent of the applicant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that applicant must install Water Harvesting System or Water Recharge System in his house in which he is residing within one month from today, if he has not installed the system already. If he has installed the system already, then he shall have to submit proof and photographs regarding this before the trial Court. Applicant shall seek necessary permission required, if any, in this regard from the concerned departments including Collector, Vidisha, Municipal Council, Vidisha and local authorities shall facilitate and cooperate in this regard for installation of water recharge/ harvesting system. Applicant shall have to maintain the said system in future on regular basis. After installation of system, applicant shall submit a report and compliance certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption "Direction". 9. This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment and Community. 9. This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the applicant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of applicant would create an atmosphere of awareness in the public regarding water conservation. 10. Application stands allowed and disposed of. 11. E- copy of this order be sent to the District Collector, Vidisha, Municipal Council, Vidisha and trial Court concerned for compliance, if possible for the office of this Court. Certified copy/ e-copy as per rules/directions. Application stands allowed and disposed of.