AI Structured Summary
Not yet generated for this judgment
Judgment
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.367/2019 registered at Police Station Padav Distt. Gwalior for offence under Section
379 of I.P.C.
It is submitted by the Counsel for the applicant, that according to the prosecution case on 14.07.2019, the complainant had parked his motorcycle
outside railway station. When he returned, he found that three persons after breaking open the lock of motorcycle, were taking away the same. Co-
accused Satish Rajawat was apprehended on the spot and the motorcycle was also recovered from his possessions. However, the applicant has been
made accused on the basis of memorandum given by the co-accused Satish Rajawat. Although offence was registered about two and half years back,
but the applicant was not aware of the same. He was not absconding from the clutches of the investigating agency. Memorandum of a co-accused is
not admissible under Section 25/26 of the Evidence Act.
The applicant is ready and willing to cooperate with the investigation. Trial is likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the State. However, it is fairly conceded that the applicant does not have any
criminal antecedents and he has been implicated on the basis of memorandum of co-accused.
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 4th of February, 2022, he shall be released on bail on his
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) 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 4th of February, 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.