Mo. Asraf @ Afsar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3912 MP

                                                                 1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 13 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 5743 of 2023

                    BETWEEN:-
                    MO. ASRAF @ AFSAR S/O LATE SHRI MO. ASGAR, AGED ABOUT
                    50 YEARS, OCCUPATION: DUKANDARI, RESIDENT OF NAGEENA
                    MASJID KE SAMNE, GOHALPUR, THANA GOHALPUR, DISTRICT
                    JABALPUR (MADHYA PRADESH)

                                                                                                .....APPLICANT
                    (BY SHRI S.P. TIWARI - ADVOCATE)

                    AND
                    THE STATE OF MADHYA PRADESH THROUGH POLICE STATION
                    THANA ARAKSHI KATANGI, DISTRICT JABALPUR (MADHYA
                    PRADESH)

                                                                                             .....RESPONDENT
                    (BY SHRI D.K. PAROHA - GOVERNMENT ADVOCATE )

                           T h is application coming on for admission this day, the Court passed the
                   following:
                                                             ORDER

This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

T h e applicant apprehends his arrest in connection with Crime No.223/2013 registered at Police Station Katangi, District Jabalpur for the offences punishable under Sections 379, 34 of IPC.

As per the prosecution, on 27.09.2013, an FIR was lodged by one Veeran Gadari that some unknown persons have committed theft of iron barbed wire/rods kept in the agriculture field. It is stated that the present applicant is a scrapped dealer who has Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM

purchased this stolen iron rods. As per the prosecution, the applicant is absconding since the date of incident.

Learned counsel for the applicant has submitted that he has been falsely implicated. He was not even aware of that any summons were issued to him as he is a labour and working outside the place of residence. It is stated that the case registered at Criminal Case No.1035/2013 was decided on 19.01.2018 and all the accused persons therein were acquitted. Referring to Para 14 to 18 of the judgment, it is pointed out that the Court has not believed the story of the prosecution. He has further pointed out that though the allegation against the present applicant is that he purchased the stolen iron rods, however the said rods are stated to have been apprehended in a truck and such

story has not been believed by the Court as the owner of the iron rods has not been examined and the person, who has lodged the FIR, has even denied lodging the FIR and not supported the prosecution story. It is stated that in the entire judgment, not a single word is mentioned against the present applicant. Only on the basis of some memorandum which the Court has not believed in the case, the Police is now trying to arrest the applicant.

Learned Government Advocate for the respondent/State has vehemently opposed the bail application. It is pointed out that since the applicant was apprehending since last 10 years, no evidence has come against him.

I have gone through the case diary as well as the judgment referred to by the counsel in which all the accused persons have already been acquitted as the prosecution has failed to prove the story, there is discrepancy in the stories mentioned in the memorandum and the fact that has been referred to in the judgment.

Considering this, without adverting into the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two sureties in the like amount to the satisfaction of arresting officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant will not seek unnecessary adjournments during trial; 5 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 3/13/2023 5:25:51 PM