Madhya Pradesh High Court
Shiv Singh vs The State Of Madhya Pradesh on 8 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-11584-2022
Shiv Singh Vs. State of MP
Gwalior, Dated : 08.03.2022
Shri Pradeep Katare, Counsel for the applicant.
Shri C.P. Singh, 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.3/2022 registered at Police Station Malanpur Distt. Bhind for
offence under Section(s) 294, 307, 506 (Part-II), 34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the complainant and other persons including
victim were in the village. It is alleged that at that time, the applicant
and the co-accused persons were passing thereby and after looking at
the complainant, they started talking aggressively on the issue of
lodging the FIR on the previous day. They also started abusing the
complainant and his father and uncle. It is alleged that co-accused
Keshav Jatav fired gunshot causing injury on the left thigh of his
uncle Atiram and co-accused Dharmveer also fired gunshot in air. It
is submitted that even according to the FIR, there is no allegation that
either the applicant was armed with any firearm or fired any gunshot.
The applicant was not aware of the fact that the co-accused persons
may act / react in such a manner. He is ready and willing to
THE HIGH COURT OF MADHYA PRADESH
MCRC-11584-2022
Shiv Singh Vs. State of MP
cooperate with the investigation and the 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. After going through the FIR, it is fairly
conceded that there is no allegation of carrying any firearm or firing
any gunshot even in the air. However, it is submitted that the
applicant has a criminal history and in the year 2018, one offence was
registered against the applicant for offence under Sections 323, 294,
506, 447, 34 of IPC.
Considering the facts and circumstances of the case and in
view of the allegations made against the applicant, 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 15.03.2022, he
shall be released on bail on 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC-11584-2022
Shiv Singh Vs. State of MP
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
15.03.2022, 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
Abhi
ABHISHEK
CHATURVEDI
2022.03.08
14:45:56 +05'30'
