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2021 DIGILAW 736 (MP)

NARENDRA v. STATE OF MADHYA PRADESH

2021-11-12

ANAND PATHAK

body2021
ORDER/JUDGMENT : – Shri Rajiv Sharma, learned counsel for the applicant. Shri P.P.S. Bajeeta, learned PP for the respondent/State. Shri B. S. Gour, learned counsel for the complainant. 2. The applicant has filed this first application filed under section 438, Criminal Procedure Code for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No. 274/2018 registered at police Station, Mehgaon, Distt. Bhind, for the offence punishable under sections 323, 294, 506, 325, 394 of Indian Penal Code and section 11/13 of MPDVPK Act. 3. It is the submission of learned counsel for the applicant that the applicant is apprehending his arrest on the basis of registration of offences referred above. It is the submission of learned counsel for the applicant that initially case was registered in the year 2018 against four persons including the present applicant. Thereafter charge-sheet was filed against only one accused, namely, Ranjeet Singh and against the applicant and two other persons no case was found to be made out. However, Court of Magistrate refused to accept the said charge-sheet and directed to police to file the charge sheet before Special Court (specified under MPDVPK Act). Thereafter, in investigation, no incriminating material has been collected from the possession of applicant and just to harass him police is constantly in search of applicant to arrest and implicate him on false pretext. When the police itself came to the conclusion about non filing of charge-sheet against present applicant, then same attempt without any incriminating material amounts to interference in the personal liberty of an individual. It is further submitted that some earlier criminal cases haunt the applicant but in most of the cases acquittal has been recorded. Confinement may bring social disrepute and personal inconvenience. He undertakes to cooperate in investigation/trial and abide by all terms and conditions as imposed by this Court. He further intends to perform community service voluntarily by serving the environment and National/Social cause by contributing his part voluntarily to purge his misdeeds, if any, in case application is allowed. He relied upon the full Bench decision of this Court in the case of Gulab Chand Kannoolal vs. State of Madhya Pradesh and ors., 1982 M.P.L.J. (F.B.) 7 in which section 5 of MPDVPK Act has been taken into consideration and in the case of Balveer Singh Bundela vs. State of M. P., 2020(2) M.P.L.J. (Cri.) 235 regarding anticipatory bail. He relied upon the full Bench decision of this Court in the case of Gulab Chand Kannoolal vs. State of Madhya Pradesh and ors., 1982 M.P.L.J. (F.B.) 7 in which section 5 of MPDVPK Act has been taken into consideration and in the case of Balveer Singh Bundela vs. State of M. P., 2020(2) M.P.L.J. (Cri.) 235 regarding anticipatory bail. On these grounds, he prays for grant of anticipatory bail. 4. Learned counsel for the State as well as counsel for the complainant opposed the prayer and prayed for dismissal of the application. 5. Heard learned counsel for the parties at length and considered the arguments advanced by them. 6. Considering the submissions specially the fact that earlier police did not file any charge-sheet against the applicant and later on no incriminating material has been filed to demonstrate the role of applicant prima facie (only for the purpose of bail), but without expressing any opinion on the merits of the case, this Court is inclined to allow the application under section 438 of Criminal Procedure Code but with certain stringent conditions. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with two solvent sureties in the like amount to the satisfaction of Arresting Authority/Investigating Officer. 7. This order will remain operative subject to compliance of the following conditions by the applicant : – 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be. 4. The applicant will not commit an offence similar to the offence of which he is accused and shall not be a source of embarrassment or harassment to the complainant party in any manner and shall not move in their vicinity; 5. The applicant will not seek unnecessary adjournments during the trial and; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; 7. The applicant will not seek unnecessary adjournments during the trial and; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; 7. The applicant shall cooperate in trial and shall not commit same nature of offence in future. He shall cooperate investigation and she would make himself available as and when required by the Investigating Officer. 8. The applicant shall mark his presence on every Sunday before the police station Mehgaon District Bhind between 10.30 am to 2.30 pm, till conclusion of trial. 9. As per the undertaking of the counsel on behalf of the applicant for social/ community work, the applicant is directed to visit Civil Hospital/Community Health Center at Mehgaon, Bhind in Outdoor Patient Department (OPD) and serve the patients for next one year on every Tuesday between 9 am to 1 pm so that he may learn the lesson to believe in peaceful co- existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District- Bhind/ Hospital Superintendent, Mehgaon, Bhind as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He will not be a source of infection or any embarrassment to any patient. He would not be allowed to move in the Wards and ICU etc. CMHO, Bhind/Superintendent of Civil Hospital, Mehgaon, Bhind shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer. 8. A copy of this order be sent to CMHO, Bhind for information and ensuring compliance of this order. CMHO, Bhind may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service from December, 2021 to November, 2022. The report may be submitted in December, 2022. CMHO, Bhind may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service from December, 2021 to November, 2022. The report may be submitted in December, 2022. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption “Direction”. 9. This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence. 10. E-copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court. Certified copy/ e-copy as per rules/directions.