Shailendra Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 6766 MP

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                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 26 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 16018 of 2023

                          BETWEEN:-
                          SHAILENDRA RAJPUT S/O SHRI RAJABABU RAJPUT,
                          AGED ABOUT 28 YEARS, R/O VILLAGE HASANPUR
                          JATTHODA POLICE STATION NATERAN DISTRICT
                          VIDISHA (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI SAMEER KUMAR SHRIVASTAVA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION NATERAN DISTRICT VIDISHA (MADHYA
                          PRADESH)

                                                                                     .....RESPONDENT
                          (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

                                This application coming on for hearing this day, the court passed the
                          following:
                                                                ORDER

This is fi rst application under section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.

T h e applicant is apprehending his arrest in connection with Crime No.141/2022 registered at Police Station - Nateran, District Vidisha (MP) for offence punishable under Sections 279, 337, 338, 427 of IPC and Sections 146, 184, 196 of Motor Vehicle Act and Section 34(2) of Excise Act.

Prosecution case, in short, is that on 25.05.2022 complainant lodged an FIR alleging that on 24.05.2022 at about 10 pm, when the victim was at his Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM

house, a Scorpio vehicle bearing No. MH 04 CM 9583 which was being driven by the present applicant rash and negligently came at very high speed and dashed with the house of the victim due to which damage has been caused and father of the complainant sustained injuries on waist and chest. When police came at the spot, they found 7 boxes of country made illicit liquor was present in the car. Thereafter, liquor was seized and the case was registered against the present applicant.

It is submitted by counsel for the applicant that applicant is innocent and has falsely been implicated in the present case and he has not committed any offence in any manner. It is further submitted that charge sheet is ready and very

soon, it is to be filed before the competent Court, therefore, there is no need for custodial interrogation of the present applicant in the matter. In support of his arguments, he has relied upon the judgment passed by the Hon'ble Supreme Court in the case o f Siddarth Vs. The State of Uttar Pradesh and Ors. reported in 2021(4) RCR (Criminal) 1, wherein the Hon'ble Supreme Court has held as under:-

"11. We are in agreement with the aforesaid view of the High Courts and would like to give our imprimatur to the said judicial view. It has rightly been observed on consideration of Section 170 of the Cr.P.C. that it does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the chargesheet. We have, in fact, come across cases where the accused has cooperated with the investigation throughout and yet on the chargesheet being filed non-bailable warrants have been issued for his production premised on the requirement that there is an obligation to arrest the Accused and produce him before the court. We are of the view that if the Investigating Officer does not believe that the accused will abscond or disobey summons he/she is not required to be produced in custody. The word "custody" appearing in Section 170 of the Cr.P.C. does not contemplate either police or judicial custody but it merely connotes the presentation of the Accused by the Investigating Officer before the court while filing the chargesheet.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM

12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self- esteem of a person. If the Investigating Officer has no reason to believe that the Accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.

13. We are, in fact, faced with a situation where contrary to the observations in Joginder Kumar's case how a police officer has to deal with a scenario of arrest, the trial courts are stated to be insisting on the arrest of an accused as a pre-requisite formality to take the chargesheet on record in view of the provisions of Section 170 of the Cr.P.C. We consider such a course misplaced and contrary to the very intent of Section 170 of the Cr.P.C."

Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the record. Looking to the present facts and circumstances of the case and considering the law laid down by the Hon'ble Supreme Court in the case of Siddarth (Supra), but without commenting on merits of the case, the application is allowed. It is directed that in the event of arrest, applicant be

released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) to the satisfaction of the Arresting Authority/Investigating Officer.

T h e applicant shall cooperate in the trial and shall apply regular application before the trial Court as and when required. He shall further abide

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM

by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

With the aforesaid direction, the present application stands disposed of. Certified copy/ e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 12:40:36 AM