The Madhya Pradesh High Court has granted conditional bail to two Akhil Bharatiya Vidyarthi Parishad activist students in connection with the case of alleged taking vehicle of a high court judge from the driver to take ailing professor to the hospital from outside the Gwalior railway station.
The court granted bail to students Himanshu Shroti (25) and Sukrat Sharma (23) accused in the case registered against them under section 11/13 of MP Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam and section 395 of Indian Penal Code.
The court directed that the applicants be released on bail on furnishing personal bond in the sum of Rs. 50,000.
The court order said this order will remain operative subject to compliance of the following conditions by the applicants:-
1) The applicants will comply with all the terms and conditions of the bond executed by them;
2) The applicants will cooperate in the investigation/trial, as the case may be;
3 ) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, as the case may be;
4 ) The applicants will not commit any other offence or will not repeat the offence in future. In case, if they are found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicants will not seek unnecessary adjournments during the trial; and
6 ) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The applicant’s counsel argued that applicants are innocent person and have been falsely implicated. He further argued that applicants are law students and are pursuing their studies.
Further submission is that the entire act of the applicants is bona fide just to save the life of the person, who suffered cardiac arrest.
It is further argued that applicants were travelling in the train, in which, the person namely Ranjeet Singh suffered cardiac arrest before them and the Doctor at Morena advised to admit the said person in some hospital at Gwalior for his medical treatment so that his life can be saved.
Therefore, the moment train arrived at Gwalior railway station, the applicants in the state of anxiety and hurry took the vehicle to admit the said person in the hospital for medical treatment.
It is further argued that intention behind it was not malafide. The person who suffered cardiac arrest was admitted in the hospital and had died during medical treatment.
The vehicle was not taken away or stolen by the applicants for other than to save the life of the said person who was suffering from cardiac arrest and was on the verge of dying.
No damage has been caused to the vehicle. The police has already recovered the vehicle, therefore, further custodial interrogation of the applicants may not be required, the counsel argued.
The applicants have no criminal antecedents.
The applicants are in custody since 11/12/2023. The applicants are permanent resident of District Gwalior and Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of their absconsion, if released on bail, the counsel argued.
On these grounds, he prays for grant of bail to the applicants, the court order said.
The State government counsel fairly submits that he has no objection in
case bail is granted to the present applicants, the court order said.
