Madhya Pradesh High Court: A single-judge bench comprising of Anand Pathak,* J., granted the bail to the applicant who showed willingness to undertake social causes on the merit, not solely due to the intent to serve social causes.
Brief Facts
In the instant matter, the applicant filed his third bail application under Section 439 of the Criminal Procedure Code, 1973 (CrPC). A case was registered against the applicant for offenses punishable under Sections 341, 323, 294, 506, 34, 325, 307 and 302 of the Penal Code, 1860 (IPC) and he was arrested on 29-04-2022 by the Bagchini Police Station, Morena.
Contentions
The applicant contended that he has been in confinement since 29-04-2022 and 7 prosecution witnesses, including all eye-witnesses, have already been examined, reducing the likelihood of tampering with evidence or witnesses. The applicant further contended that he has no criminal record and has already suffered a substantial period of custody.
The applicant undertakes not to be a source of harassment or embarrassment to the complainant party and will not approach them. The applicant also offers to serve the environment or national/social causes, such as planting saplings, to make amends.
On the other hand, the State opposed the bail but acknowledged that the applicant doesn’t have a criminal record. The State requested the imposition of stringent conditions, if bail is granted to the applicant.
Court’s Verdict
After considering the submissions and arguments from both sides, The Court allowed the application and issued the following orders:
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The applicant is granted bail upon furnishing a personal bond of Rs. 50,000 with two solvent sureties of the same amount to the satisfaction of the trial court.
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The bail order is subject to several conditions, such as compliance with all terms and conditions of the bond, cooperating with the investigation/trial, not influencing witnesses, not committing similar offenses, not seeking unnecessary adjournments, not leaving India without permission, and marking presence at the police station every Sunday between 10:30 am to 2:00 pm.
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The court emphasized that the bail was granted based on the case made out for bail and the applicant’s willingness to undertake social causes, but not solely due to the intent to serve social causes.
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The applicant is expected to submit photographs of the plantation work through the NISARG App developed by the High Court for monitoring purposes.
[Anoop Tyagi v. State of M.P., 2023 SCC OnLine MP 2296, order dated 01-08-2023]
*Judgment by Justice Anand Pathak
Advocates who appeared in this case :
Ms. Ayushi Vyas, Counsel for the Applicant;
Mr. R.S. Kushwaha – Deputy Advocate General, Counsel for the Respondent/State.
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