Rahul Gurjar vs . State Of M.P

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.832/2021 registered at Police Station Maharajpura, District Gwalior for offence

under Sections 353, 186, 504, 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, on 29.12.2021 an information was received that miner minerals

are being illegally excavated from the land allotted to DRDE. Accordingly, the police party went there and found that one JCB machine was

excavating the Murram. After noticing the police party, the driver took away the JCB and after parking the same in the house of the owner of JCB

i.e. Chhinga Gurjar, he ran away. It is alleged that time when the police asked the owner of JCB to take JCB to the police station, then the applicant

and other co-accused persons started misbehaving with the police. Ultimately, the owner of the JCB namely Chhinga Gurjar was taken into police

custody and JCB was brought to the police station. It is submitted that the applicant has been falsely implicated being the family members of Chhinga

Gurjar. If the applicant was also present on the spot along with Chhinga Gurjar, then the police could have arrested the applicant also which was not

done. Thus it is clear that either the applicant was not required or the allegations have been made falsely. The applicant is ready and willing to co-

operate with the investigation. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the

prosecution case. This Court by order 20.1.2022 passed in M.Cr.C.No.3271/2022 has granted bail to the co-accused Jeet @ Jitendrasingh Gurjar.

Per contra, the application is vehemently opposed by the Counsel for the State. However, counsel for the State was unable to point out that as to

when the applicant was also present on the spot, then why he was not taken into custody. It is submitted that the applicant has no criminal history.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition

that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 7.2.2022, he shall be released on bail on his furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer

(Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He 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 applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 7.2.2022, then this order

shall lose its effect and the Investigating Officer shall be at liberty to take him 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.

CC as per rules.