Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 22 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.61494/2021
(ANIL & ANR. VS. STATE OF M.P.)
Gwalior, Dated : 22/12/2021
Shri Rajmani Bansal, learned counsel for the applicants.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been
filed for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime
No.155/2021 registered at Police Station Dursara, District Datia for
offence under Sections 341, 294, 323, 436, 506 and 34 of IPC.
In view of the criminal antecedents of the applicant No.2
Akhilesh Yadav, according to which seven criminal cases including
one under Section 307 of IPC have been registered against him, the
counsel for the applicants seeks permission of this Court to withdraw
this application on behalf of applicant No.2 Akhilesh Yadav.
Accordingly, the bail application of the applicant No.2
Akhilesh Yadav S/o Shri Batan Yadav is hereby dismissed as
withdrawn.
It is submitted by the counsel for the applicants that according
to the prosecution case, the complainant was going to his house on
his motorcycle and when, he reached near the shop of one Jitendra,
he was waylaid by the applicant No.1 and other co-accused persons.
They started abusing him and when, it was objected by the
THE HIGH COURT OF MADHYA PRADESH
MCRC No.61494/2021
(ANIL & ANR. VS. STATE OF M.P.)
complainant, he was assaulted by the applicant No.1 by fists and
blows. Jitendra Niranjan also came to intervene in the matter, but
they were also assaulted. The co-accused Chandrabhan put the shop
of Jitendra on fire. It is submitted that although, the applicant No.1
has also a criminal history but two minor offences were registered
against him. However, in view of the criminal antecedents of the
applicant No.1, he is ready and willing to abide by any stringent
condition, which may be imposed by this Court. This Court by order
dated 17/11/2021 passed in MCRC No.55065/2021 has granted bail
to co-accused Gulshan @ Devendra Yadav and Anurag and the case
of the applicant No.1 is identical to that of the co-accused persons,
who have been granted anticipatory bail.
Per contra, the application is vehemently opposed by the
counsel for the State. However, it is fairly conceded that no crime for
committing any heinous offence has been registered against the
applicant No.1.
Considering the facts and circumstances of the case and
without commenting on the merits of the case, the application is
allowed subject to condition that if the applicant No.1 appears before
the Investigating Officer (Arresting Officer) on or before 29/12/2021,
he shall be released on bail on his furnishing a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like
THE HIGH COURT OF MADHYA PRADESH
MCRC No.61494/2021
(ANIL & ANR. VS. STATE OF M.P.)
amount to the satisfaction of the Arresting Officer (Investigating
Officer).
The applicant No.1 shall make himself available for
interrogation by the Investigating Officer as and when required. He
shall further abide by the other conditions enumerated in sub-section
(2) of Section 438 of Cr. P. C.
It is made clear that in case if the applicant No.1 fails to appear
before the Investigating Officer (Arresting Authority) on or before
29/12/2021, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take him in custody.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
C.C. as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2021.12.22
17:13:16 -08'00'
