Madhya Pradesh High Court
Surendra Singh Raghuvanshi vs The State Of Madhya Pradesh Thr on 18 December, 2017
M.Cr.C. No.27098/2017
(Surendra Singh Raghuvanshi and another Vs. State of M.P.)
Gwalior, dated: 18.12.2017
Shri D.R. Sharma with Shri Vikrant Sharma, learned
counsel for the applicants.
Shri Shiraz Quraishi, learned Public Prosecutor for
the respondent/State.
Heard arguments.
Perused case diary and material on record.
This is the first bail application filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail as they apprehend their arrests in Crime No.560/2017 registered at Police Station Arone of Guna district against them for the offences punishable under Sections 341, 294, 327, 323, 427, 506 and 34 of the IPC.
According to the prosecution, on 13.10.2017 complainant Golu Pal lodged the report stating therein on the same day at about 10:00 am, he was taking his JCB machine by driving in village Dehrikhurd for digging pits on a plot owned by K.P. Raghuvanshi. At that time in the village applicants Surendra Singh and Anku @ Ankesh stopped the JCB machine and demanded Rs.1,000/- (one thousand) from him with criminal intimidation that they would not allow the JCB machine to enter the village. He asked them why they are demanding the amount. They told him for consumption of liquor. Upon his refusal, they hurled filthy abuses at him, and both the applicants committed Marpeet with him with Lathis.
Learned counsel for the applicants submits that the relation between both the applicants is of the father and M.Cr.C. No.27098/2017 (Surendra Singh Raghuvanshi and another Vs. State of M.P.) son. He submits that the complainant had lodged the report twisting the real facts. He submits that in fact the complainant drove the JCB machine rashly and negligently. As a result, the JCB machine rammed into the Chabutara (platform) of their house damaging it to the great extent. Thereupon, they demanded money for repairing of the Chabutara. He submits that the applicants are the permanent residents of village Dehrikhurd and that they have no criminal antecedents. He submits that looking to the allegations levelled against the applicants, their custodial interrogations are not required. He assures on behalf of the applicants that they would cooperate the Investigating Officer in the investigation of the case if they are granted anticipatory bail. Upon these submissions, he prays for grant of anticipatory bail to the applicants.
Learned Public Prosecutor has opposed the prayer.
Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and the perusal of the MLC report of the complainant, according to which he suffered some contusions, but without commenting on merits of the case, I am of the opinion that applicants namely Surendra Singh Raghuvanshi and Anku @ Ankesh deserve to be enlarged on bail with certain conditions. Allowing their application, the applicants are directed to appear before the Investigating Officer of the case on or before 03.01.2018 for interrogations and submission of documentary proofs of their permanent M.Cr.C. No.27098/2017 (Surendra Singh Raghuvanshi and another Vs. State of M.P.) address and contact numbers, if any. The Investigating Officer is ordered that if he arrests the applicants in the case, they be released by him immediately on bail upon their furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the same amount "each" to his/her satisfaction. Further, they will abide by the conditions enumerated in Section 438(2) of the Cr.P.C. It is made clear that if any of the applicants fails to appear before the Investigating Officer on the stipulated period of time, then this order shall automatically stand cancelled in respect of him.
Certified copy as per rules.
(Rajendra Mahajan)
SS Judge
Digitally signed by SATEESH
KUMAR SEN
Date: 2017.12.19 14:52:32
+05'30'