Mohammad Rafiq Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 719 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.887/2022
       (MOHAMMAD RAFIQ KHAN VS. STATE OF M.P.)

                     Through Video Conferencing

Gwalior, Dated : 14/01/2022

      Shri Vibhor Kumar Sahu, learned counsel for the applicant.

      Shri C.P.Singh, 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.371/2021 registered at Police Station Dharnawada, District Guna

for offence under Sections 420, 467, 468, 471 of IPC and Section 3/7

of the Essential Commodities Act, 1955.

      It is submitted by the Counsel for the applicant that according

to the prosecution case, some bags of fertilizers were seized from the

co-accused persons. On the basis of the memorandum of co-accused,

the applicant has been implicated as an accused. There is nothing on

record that the fertilizers seized from the possession of the co-

accused persons are spurious one. There is no incriminating material

against the applicant. The applicant is ready and willing to co-operate

in the investigation. 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
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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.887/2022
       (MOHAMMAD RAFIQ KHAN VS. STATE OF M.P.)

Counsel for the State. However, it is fairly conceded that except the

memorandum of the co-accused, there is no other material evidence

against the applicant. It is further conceded that there is nothing in

the case diary to indicate that the fertilizers seized from the

possession of the co-accused persons were spurious.

      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 21/01/2022, 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 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

21/01/2022

, 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.887/2022 (MOHAMMAD RAFIQ KHAN VS. STATE OF M.P.)

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.

C.C. as per rules.

                                                          (G.S. Ahluwalia)
Pj'S/-                                                          Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.01.14
         15:35:55 -08'00'