Sohan Singh Jatav vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 438 of CrPC has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No. 133/2021 registered at Police Station Gijjora, District Gwalior for offence punishable under Sections 452, 323, 294, 506-B, 34 of IPC.

It is the case of the complainant that after locking the house, he shifted to Jamnagar for doing labour work. The co-accused Sashikant was requested to look after the property. The shop of the complainant was lying vacant. On the festival of Raksha Bandhan, when he came back, then found that co-accused Chhotu who is the relative of co-accused Shashikant is doing the business of Chicken and eggs. Since, the business of Chhotu was not to the liking of the complainant, therefore, he requested him to vacate the premises. On this issue, co-accused Chhotu and Sashikant assaulted him. At that time, the applicant and co-accused Kamlan also came on the spot and entered inside his house and he was again assaulted.

It is submitted by the counsel for the applicant that so far as the allegation of house trespass is concerned, the said allegation has been leveled falsely in order to make the offence non-bailable and all the other offences are bailable. The applicant is ready and willing to cooperate with the Investigating Officer. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that co-accused Kamlan @ Kalyan Jatav has already been granted anticipatory bail by this Court by order dated 27.09.2021 passed in M.Cr.C. No.47851/2021.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded that except the offence under Section 452 of Cr.P.C., all the other offences are bailable.

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 12.10.2021, 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 12.10.2021, 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.