Madhya Pradesh High Court
Ambrish Singh Tomar vs The State Of Madhya Pradesh on 10 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.956/2022
(AMBREESH SINGH TOMAR VS. STATE OF M.P.)
Through Video Conferencing
Gwalior, Dated : 10/01/2022
Shri R.K.Shrivastava, learned counsel for the applicant.
Shri Naval Gupta, 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 applicant apprehends his arrest in connection with Crime
No.550/2021 registered at Police Station Maharajpura, District
Gwalior for offence under Section 195-A, 506 and 507 of IPC.
It is submitted by the counsel for the applicant that a report
was lodged by the complainant and accordingly Crime No.340/2021
was registered at Police Station Maharajpura, District Gwalior for
offence under Section 376(2)(n) and 506 of IPC. It is submitted that
although, it was alleged that the offence of rape was committed on
09/06/2021
but thereafter an another FIR in Crime No.550/2021 was
registered against the applicant at Police Station Maharajpura,
District Gwalior for offence under Section 195-A, 506 and 507 of
IPC on the allegations that by calling the prosecutrix, the applicant is
threatening her. It is submitted that after the aforesaid FIR was
lodged, the applicant was arrested on 21/10/2021 and by order dated
11/11/2021 passed in MCRC No.52377/2021, the Co-ordinate Bench
THE HIGH COURT OF MADHYA PRADESH
MCRC No.956/2022
(AMBREESH SINGH TOMAR VS. STATE OF M.P.)
of this Court has granted bail in Crime No.340/2021. It is submitted
that now a notice under Section 41-A of Cr.P.C. has been issued,
therefore, it appears that the police may arrest the applicant. The
applicant is ready and willing to abide by any stringent condition,
which may be imposed by this Court. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with prosecution witnesses.
Per contra, the application is vehemently opposed by the
Counsel for the State. It is submitted that after the FIR for offence
under Section 376(2)(n) of IPC was lodged against the applicant, he
pressurized the prosecutrix but fairly conceded that the FIR in
question was also lodged prior to the grant of bail to the applicant in
Crime No.340/2021.
Heard the learned counsel for the parties.
Since, the allegation of threatening the prosecutrix is prior to
grant of bail to the applicant in Crime No.340/2021, this Court is of
the considered opinion that the application for grant of anticipatory
bail can be allowed. It is directed that subject to condition that if the
applicant appears before the Investigating Officer (Arresting Officer)
on or before 17/01/2022, 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.956/2022
(AMBREESH SINGH TOMAR VS. STATE OF M.P.)
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
17/01/2022, 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.
With aforesaid observation, the application is allowed.
C.C. as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.01.11
10:16:46 -08'00'
