Raghuveer Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5179 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15523/2022 (RAGHUVEER SINGH Vs STATE OF M.P.)

Gwalior, Dated : 08/04/2022

Shri Rishikesh Bohare, Counsel for applicant.

Shri Rohit Mishra, Additional Advocate General for State.

Case diary is available.

This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.173/2022 registered at Police Station - Cantt. District Guna, for

offence punishable under Sections 327, 323, 294, 427, 506, 34 of IPC.

It is submitted by Counsel for applicant that according to the

prosecution case, the complainant works for Vijay Builders. It is

alleged that while he was on duty, the co-accused Anil Yadav with his

father (applicant) and two other persons came there and when they

were asked about royalty, they replied that they work without payment

of royalty and started abusing him and demanded Rs.5000/- for

purchasing liquor. When it was refused by complainant, they assaulted

him as well as caused damage to the Bolero car. It is submitted that

except offence under Section 327 of IPC, all other offences are

bailable. The applicant is ready and willing to cooperate with the

investigation and there is no possibility of his absconding or

tempering with prosecution witnesses.

Per Contra, the application is opposed by the State Counsel. It

is fairly submitted that as per the police case diary, the applicant has

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15523/2022 (RAGHUVEER SINGH Vs STATE OF M.P.)

no criminal antecedents and noone had suffered any grievous injury.

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 appears before the

Investigating Officer (Arresting Officer) on or before 15.04.2022, he

shall be released on bail on his furnishing a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicant 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 fails to appear

before the Investigating Officer (Arresting Authority) on or before

15.04.2022, 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.

CC as per rules.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.04.08 15:49:35 +05'30'