Mahesh S/O Nathulal Govardhan S/O Mohanlal Kadara vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicants are

apprehending their arrest in connection with Crime Crime No.16/2021 registered at Police Station Nalkheda, District Agar Malwa (MP) for offence

punishable under Sections 294, 427, 435 and 307 read with Section 34 of the Indian Penal Code, 1860.

The allegation against the applicants is that they along with other three co-accused persons namely Jor Singh s/o Chintulal Gurjar, Vallabh s/o Rajaram

Gurjar and Darbar s/o Rajaram Gurjar assaulted the complainant party and also vandalized JCB, SUV causing damage to the tune of around

Rs.5,00,000/- (rupees five lakh).

Counsel for the applicants has submitted that both the applicants have been falsely implicated in the case being the acquaintance of the main accused

persons.

It is further submitted that in the FIR, the names of both the applicants have not been mentioned and as such, there was no reason for the complainant

not to include the present applicants' name in the FIR itself, whereas in his statement under Section 161 of the Code of Criminal Procedure, which

was recorded subsequently on the other day, names of the present applicants have also been mentioned. It is further submitted that there are no

criminal antecedents of the applicants.

Counsel has further submitted that the overt act is against the other three accused persons in the FIR and only to wreak vengeance against the

applicants, their names have been included in his statement recorded under Section 161 of Cr.P.C.

Counsel for the applicants has also submitted that no purpose would be served to send the applicants in jail. It is further submitted that the applicants

are ready to cooperate with the Investigating Officer of the case.

Thus, it is submitted that the applicants, if arrested in the present matter, it would bring extreme hardship not only to them but also to the family

members of the applicants.

Counsel has further submitted that the applicants are ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that

the applicants be released on anticipatory bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out. It is further

submitted that as per case diary, the criminal antecedents of the applicants are not available.

On due consideration of the rival submissions and on perusal of the case diary as also taking note of the fact that the applicants have not been named

in the FIR and their name have been reflected for the first time in the statement of the complainant recorded under Section 161 of the Cr.P.C. on the

next day, this Court finds force with the contentions raised by the counsel for the applicants, especially when there are no criminal antecedents of the

applicants reflected in the case diary.

In view of the aforesaid facts and circumstances of the case, in the considered opinion of this Court, the custodial interrogation of the applicants is not

necessary.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant No.1 Mahesh s/o Nathulal and applicant No.2 Goverdhan s/o

Mohanlal Kadara shall be released on bail, upon each of them executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only)

and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other

conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

It is also observed that after their release on bail, if any of the applicants is found in any criminal activities, the present bail order shall stand

automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Accordingly, Miscellaneous Criminal Case No.36584/2021 stands allowed.

Certified copy as per rules.