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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Saurav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.4654 of 2022
Decided On : 28-01-2022
Anticipatory Bail - Theft - The court granted anticipatory bail to the applicant, subject to the condition that he appears before the Investigating Officer by a specified date and cooperates with the investigation. The court considered the admissibility of the memorandum of a co-accused and the lack of criminal antecedents of the applicant in reaching its decision.
Fact of the Case:
The applicant filed for anticipatory bail in connection with a theft case where he was implicated based on the memorandum of a co-accused. The applicant was willing to cooperate with the investigation and had no criminal antecedents.
Finding of the Court:
The court allowed the application for anticipatory bail, subject to the condition that the applicant appears before the Investigating Officer by a specified date and cooperates with the investigation. Failure to comply would result in the loss of the bail order.
Issues: Admissibility of co-accused memorandum, willingness to cooperate with the investigation, lack of criminal antecedents
Ratio Decidendi: The court considered the lack of criminal antecedents of the applicant and the admissibility of the memorandum of a co-accused in reaching its decision to grant anticipatory bail.
Final Decision: The court granted anticipatory bail to the applicant, subject to the condition that he appears before the Investigating Officer by a specified date and cooperates with the investigation.
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.
Granting of anticipatory bail based on lack of criminal antecedents and consideration of the admissibility of co-accused memorandum.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.
The court may grant anticipatory bail after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The main legal point established is that the applicant's apprehension of arrest was valid, and the court emphasized the importance of considering applications for bail on merits, regardless of the ac....
The seriousness of the offence, the likelihood of absconding, and the petitioner's antecedents are crucial factors in determining eligibility for anticipatory bail.
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