Madhya Pradesh High Court
Ku. Mithlesh Jatav vs The State Of Madhya Pradesh on 16 March, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.12289/2022
(KU. MITHLESH JATAV & ANR. VS. STATE OF M.P.)
Gwalior, Dated : 16/03/2022
Shri B.K.Sharma, learned counsel for the applicants.
Shri A.K.Nirankari, 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 applicants apprehend their arrest in connection with Crime
No.41/2022 registered at Police Station Pohari, District Shivpuri for
offence under Sections 294, 332, 353, 506, 147 and 148 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the police party went to the house of the
applicants to arrest the male members in a previously instituted
criminal case. It is alleged that the applicant No.1 gave a Lathi to co-
accused Dinesh, who in his turn assaulted a police personnel and the
applicant No.2 pelted stones. The applicants are ladies aged about 23
and 20 years respectively. In case, if they are arrested, then it would
spoil their career. They undertake not to indulge any more in any
criminal case. They would co-operate with the Investigating Officer.
The Trial is likely to take sufficiently long time and there is no
possibility of their 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.12289/2022
(KU. MITHLESH JATAV & ANR. VS. STATE OF M.P.)
Counsel for the State. It is submitted that when the police party went
to arrest three male members of the family, their arrest was obstructed
but fairly conceded that all three accused persons were arrested and
were taken the police station.
Considering the role as well as considering the submissions of
all three persons were arrested by the police, who were accused in a
previously instituted criminal case and under hope and belief that the
applicants would not indulge themselves in any offence in future and
without commenting on the merits of the case, the application is
allowed subject to condition that if the applicants appear before the
Investigating Officer (Arresting Officer) on or before 23/03/2022,
they shall be released on bail on their furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety
each in the like amount to the satisfaction of the Arresting Officer
(Investigating Officer).
The applicants shall make themselves available for
interrogation by the Investigating Officer as and when required. They
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 applicants fail to appear
before the Investigating Officer (Arresting Authority) on or before
23/03/2022
, then this order shall lose its effect and the Investigating
THE HIGH COURT OF MADHYA PRADESH
MCRC No.12289/2022
(KU. MITHLESH JATAV & ANR. VS. STATE OF M.P.)
Officer shall be at liberty to take them 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.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.03.16
17:07:23 -07'00'
