Shivram Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1963 MP

Citation : 2021 Latest Caselaw 1963 MP
Judgement Date : 13 May, 2021

Madhya Pradesh High Court

Shivram Singh vs The State Of Madhya Pradesh on 13 May, 2021

Author: Vishal Mishra

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          THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C.No.22616/2021
                (Shivram Singh Versus State of M.P. )

Gwalior, Dated:-13.5.2021
      Heard through Video Conferencing.

      Shri Atal Bihari Sharma, learned counsel for the applicant.

      Shri Vijay Sundaram, learned Panel Lawyer for                  the

respondent/State.

Heard the learned counsel for the parties.

The applicant has filed this first application u/S.438 Cr.P.C. for

grant of anticipatory bail as he has an apprehension of his arrest in

connection with Crime No.42/2021 registered at Police Station

Indergarh, District Datia for the offences punishable under Section

306 of IPC.

It is submitted that applicant is 65 years of age and he has

falsely been implicated in the present case due to previous enmity.

The death of the deceased has taken place by hanging herself and the

allegations against the present applicant and others are that they used

to harass the deceased. It is further pointed out that on 25.11.2020, the

deceased's husband has also committed suicide owing to the

harassment caused by the present applicant and other co-accused, but

as per the case diary, no case was registered against the present

applicant in pursuance to the aforesaid offence. Now, they used to

continuously harassed the deceased by saying that they killed her

husband and now they will kill her and her children also, owing to

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.22616/2021 (Shivram Singh Versus State of M.P. )

which, the deceased has committed suicide also. It is alleged that in

the previous case registered against the present applicant he has

already been acquitted by the order of the Trial Court by the judgment

passed by the Judicial Magistrate First Class Seondha, District Datia

vide judgment dated 1.8.2017 passed in Criminal Appeal

No.342/2015. He is ready to abide by all the terms and conditions as

may be imposed by this Court. Upon these grounds, he prays for bail.

Per contra counsel for the State has opposed the application

stating that stating that applicant and other co-accused are still

absconding in the matter and they are not cooperating in the

investigation. Allegations as per the prosecution are same which have

been stated by the counsel appearing for the applicant. He could not

dispute the age of the present applicant

Taking into consideration the overall facts and circumstances of

the case, but without commenting on the merits of the case and

looking to the present scenario of Covid-19 pandemic coupled with

the directives issued by the Hon'ble Supreme Court on 7.5.2021 in

the case of IN RE : CONTAGION OF COVID 19 VIRUS IN

PRISONS in SUO MOTU W.P. (C) No.1/2020, this Court deems it

appropriate to allow this application for grant of anticipatory bail.

Accordingly, the application is allowed subject to

verification that the applicant is acquitted by the Judicial

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.22616/2021 (Shivram Singh Versus State of M.P. )

Magistrate First Class Seondha, District Datia vide judgment

dated 1.8.2017 passed in Criminal Appeal No.342/2015. It is hereby

directed that in the event of arrest, the applicant shall be released on

bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty

Thousand only) with one solvent surety of like amount to the

satisfaction of Investigation Officer/trial court, as the case may be

with submission of written undertaking that he 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 (COVID-19) pandemic and he will have to install

Arogya Setu App, if not already installed.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.22616/2021 (Shivram Singh Versus State of M.P. )

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

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 inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned police station as well as concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of.

Applicant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he reside. Applicant further submit

the undertaking to the effect that he 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 (COVID-19) pandemic.