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Madhya Pradesh High Court · body

2015 DIGILAW 201 (MP)

Raja Ahirwar v. State of M. P.

2015-02-18

S.K.PALO

body2015
ORDER 1. Heard. 2. This is the first application for anticipatory bail under section 438 of the CrPC. 3. The applicant apprehend his arrest in connection with Crime No.164/2014, registered at P.S. Civil Lines Datia for the offence punishable under sections 392 of IPC and section 11/13 of MPDVPK Act. 4. It is alleged that Anand Gurjar lodged a report on 12.9.2014 at about 8: 20 p.m. that when he was going with his Aunts Smt. Mema and Smt. Krishna by motorcycle bearing No.MP-32 MC4924 towards Indergarh to meet her another aunt (Bua). When he reached near 11 Mile near the gate of Chhikau Ke Hanumanji near Nagaji College, three persons came in a motorcycle. They stopped him and at the point of Katta (country made pistol), they robbed his Samsung Mobile and motorcycle and ornaments of his aunts, which included gold necklace, Mangalsutra and gold chain etc and also took away his motorcycle and fled away. 5. On behalf of the applicant, it is submitted that the applicant is innocent. He is a student. The applicant has also moved an application to the Inspector General of Police for enquiry. The applicant is not at all related to the incident. On the basis of memorandum of co-accused Narendra under section 27 of Evidence Act, the applicant has been implicated. The mother of the applicant is a worker of political party, because of enmity the name of the applicant has been implicated. 6. It is also stated that the father of the complainant Dayal Singh, Smt. Hemlata and Smt. Krishan have also filed their affidavits, stating that they know the applicant personally. The applicant was not amongst three miscreants. Therefore, he prays for grant of anticipatory bail to the applicant. Report submitted by SHO, Civil Lines Datia dated 17.11.2014 shows that the accused Narendra was arrested and on his memorandum, the applicant has been implicated in the crime. 7. Without going into the merits of the case, this application under section 438 is allowed. 8. It is directed that applicant make himself present before the Arresting Officer, within 7 days from today and in the event of his arrest the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer. 9. Fifty thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer. 9. The applicant is directed to join the Investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of section 438 of CrPC. 10. In view of the ratio laid down by Hon'ble apex Court in Siddharam Satlingappa Vs. State of Maharastra and other JT2010 (13) SC 247, this order shall remain in force till the end of trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after filing of the challan. V. K. Bhardwaj with Anvesh Jain for applicant; Mukund Bhardwaj for respondent; A. K. Shrivastava for complainant.