Sanjay Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 2339 MP

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                                             The High Court Of Madhya Pradesh
                                                      MCRC No. 6584 of 2022
                                                 (SANJAY RAWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                 Jabalpur, Dated : 21-02-2022
                                         Shri Anoop Kumar Saxena, Advocate for the applicants.

                                         Shri Sanjeev Singh Parihar, P.L. for the respondent-State.

This is first application under Section 438 of CrPC for grant of anticipatory bail.

T h e applicants apprehends their arrest in Crime No.559/2021 registered by Police Station-Kotwali, Chhatarpur (M.P.) for offence punishable

under Sections 379, 414 of IPC, Section 4, 21 of Khan Evam Khanij (Vikas Viniyaman), Adhiniyam, 1957 and Section 18 (1) of M.P. Avaidh Khanan, Parivahan Evam Bhandaran Niwaran Niyam, 2006.

I t is submitted that the applicants are innocent and have falsely been implicated in the case. They have not committed any offence in any manner. There is no recovery shown from the present applicants. The notice under Section 41-A of the Cr.P.C. has been issued to the applicants and they were directed to appear before the trial court. The document is attached with the case diary. Applicants are the first offender prays for grant of anticipatory bail. They have placed reliance

upon the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau Of Investigation special petition no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court considering the category and types of offences and also placing reliance upon the judgment passed in the case of Siddharth vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021), 2021 SCC OnLine SC 615) and further placed reliance upon the judgment passed in the case of Sanjay Chandra v. Central Bureau of Investigation reported in 2012 (1) SCC 40 has considered the aspect regarding determination whether to grant bail to both aspects have to be taken into consideration. Seriousness of the charge and severability of the punishment. They are ready to abide by all the terms and conditions that may be imposed by this Signature Not Verified SAN Court while granting anticipatory bail. On these grounds, he prays for granting of Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.22 10:35:19 IST anticipatory bail to the applicants.

P er contra, counsel appearing for the State has vehemently opposed the application. It is appears that the applicants have been arrested but there is a document i.e. notice issued under Section 41-A of Cr.P.C. to the accused. It is argued that they have never cooperated in the investigation. There is a specific bar

under Section 59-A and considering the aforesaid the trial Court has rejected the application. But according to the case diary record the applicants are the first offender.

Heard the learned counsel for the parties and perused the case diary. Considering the over all facts and circumstances of the case and also the judgment passed by the Hon'ble Supreme Court, without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail subject to verification of the fact that the applicants are the first offender. In the event of arrest, the applicants are directed to be released on bail on furnishing a surety bond each in the sum of Rs.50,000/- (Rupees Fifty thousand only) with separate local solvent surety in the like amount to the satisfaction of Arresting Officer.

The applicants are directed to mark their presence before the concerning Police Station in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant/s will comply with all the terms and conditions of the bond executed by them;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

3 . The applicant/s will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him from disclosing such facts to the Court or to the Signature Not Verified SAN Police Officer, as the case may be;

Digitally signed by MOHD IRFAN SIDDIQUI

4. The applicant/s shall not involve any other offence, in case the applicant/s Date: 2022.02.22 10:35:19 IST

indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

Application stands allowed and disposed of.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Certified copy as per rule

(VISHAL MISHRA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.22 10:35:19 IST