Granting anticipatory bail under Section 438 Cr.P.C. in view of the peculiar circumstances prevailing in the country due to the pandemic of COVID-19.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.550/2021, Police Station Jawahar Nagar, District Sriganganagar for the offences under Sections 392, 34, 120-B of IPC.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

4. Learned counsel for the petitioner submits that neither the petitioner was present on the place of incident nor he has been alleged any role in the present incident.

5. The learned Public Prosecutor on the strength of case diary submits that since the petitioner was talking to the principal accused persons, therefore, on the basis of call details, he has been implicated. However, learned public prosecutor submits that on the date of incident, the petitioner was not present nor he is reflecting his presence in the CCTV Footage taken from the place of incident.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

7. accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Sameer Khan S/o Gani Khan, in connection with F.I.R. No.550/2021, Police Station Jawahar Nagar, District Sriganganagar, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(I) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any 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 any police officer; and

(iii) that the petitioner shall not leave India without previous permission of the court.