Madhya Pradesh High Court
Saurav vs The State Of Madhya Pradesh on 28 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4654/2022
Saurav Vs. State of Madhya Pradesh
Through video conferencing
Gwalior, Dated: 28.01.2022
Shri RBS Tomar, Counsel for the applicant.
Shri C.P. Singh, Counsel for 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.367/2019 registered at Police Station Padav Distt. Gwalior for
offence under Section 379 of I.P.C.
It is submitted by the Counsel for the applicant, that according
to the prosecution case on 14.07.2019, the complainant had parked
his motorcycle outside railway station. When he returned, he found
that three persons after breaking open the lock of motorcycle, were
taking away the same. Co-accused Satish Rajawat was apprehended
on the spot and the motorcycle was also recovered from his
possessions. However, the applicant has been made accused on the
basis of memorandum given by the co-accused Satish Rajawat.
Although offence was registered about two and half years back, but
the applicant was not aware of the same. He was not absconding from
the clutches of the investigating agency. Memorandum of a co-
accused is not admissible under Section 25/26 of the Evidence Act.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4654/2022
Saurav Vs. State of Madhya Pradesh
The applicant is ready and willing to cooperate with the
investigation. Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution
case.
Per contra, the application is vehemently opposed by the
Counsel for the State. However, it is fairly conceded that the
applicant does not have any criminal antecedents and he has been
implicated on the basis of memorandum of co-accused.
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 4th of
February, 2022, 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 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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.4654/2022
Saurav Vs. State of Madhya Pradesh
4th of February, 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
ar
ABDUR
RAHMAN
2022.01.28
16:36:54 +05'30'
