Madhya Pradesh High Court
Rahul Gurjar vs The State Of Madhya Pradesh on 27 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.4677/2022
Rahul Gurjar vs. State of M.P.
Through video conferencing
Gwalior, Dated : 27/01/2022
Shri Ravi Dwivedi, Counsel for the applicant.
Shri Awadhesh Parashar, Counsel for the respondent/State.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been filed
for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.832/2021 registered at Police Station Maharajpura, District
Gwalior for offence under Sections 353, 186, 504, 34 of IPC.
It is submitted by the counsel for the applicant that according to
the prosecution case, on 29.12.2021 an information was received that
miner minerals are being illegally excavated from the land allotted to
DRDE. Accordingly, the police party went there and found that one
JCB machine was excavating the Murram. After noticing the police
party, the driver took away the JCB and after parking the same in the
house of the owner of JCB i.e. Chhinga Gurjar, he ran away. It is
alleged that time when the police asked the owner of JCB to take JCB
to the police station, then the applicant and other co-accused persons
started misbehaving with the police. Ultimately, the owner of the JCB
namely Chhinga Gurjar was taken into police custody and JCB was
brought to the police station. It is submitted that the applicant has been
falsely implicated being the family members of Chhinga Gurjar. If the
THE HIGH COURT OF MADHYA PRADESH
MCRC No.4677/2022
Rahul Gurjar vs. State of M.P.
applicant was also present on the spot along with Chhinga Gurjar, then
the police could have arrested the applicant also which was not done.
Thus it is clear that either the applicant was not required or the
allegations have been made falsely. The applicant is ready and willing
to co-operate with the investigation. The trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case. This Court by order 20.1.2022
passed in M.Cr.C.No.3271/2022 has granted bail to the co-accused
Jeet @ Jitendrasingh Gurjar.
Per contra, the application is vehemently opposed by the
Counsel for the State. However, counsel for the State was unable to
point out that as to when the applicant was also present on the spot,
then why he was not taken into custody. It is submitted that the
applicant has no criminal history.
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 7.2.2022, 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 HIGH COURT OF MADHYA PRADESH
MCRC No.4677/2022
Rahul Gurjar vs. State of M.P.
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
7.2.2022, 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)
(alok) Judge
ALOK KUMAR
2022.01.27 16:52:37 +05'30'
