Arvind Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3851 MP

                                         01

               HIGH COURT OF MADHYA PRADESH
                        MCRC-37984-2021
                  (Arvind Singh vs. State of M.P. )

Gwalior, Dated: 02/08/2021
      Heard through Video Conferencing.

      Shri Pradeep Katare, learned counsel for the applicant.

      Shri Ravindra Singh Kushwah, learned Deputy Advocate

General, for respondent/State.

I.A.No.22601/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned in the

application.

This is the first bail application under section 438 of CrPC

filed by the applicant for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.398/2021 registered at Police Station Dehat, District Bhind (M.P.)

for offence under Sections 354, 323 of I.P.C.

It is submitted by learned counsel for the applicant- Arvind

Singh that the applicant has falsely been implicated in this case. He is

innocent and he is not committed any offence. The case is of freefight

and there was no any intention to commit the offence under Section

354 of I.P.C. Learned counsel for the applicant relied upon the

judgment passed by Hon'ble Apex Court in the case of Arnesh

Kumar Vs. State of Bihar [(2014) 8 SCC 273] and the order passed

by Division Bench at Principal Seat, Jabalpur in W.P.No.9320/2021

(In reference Suo Motu Vs. State of M.P.). Applicant is ready to abide

by any condition which may be imposed by this Court. Hence, prayed

to grant anticipatory bail to the applicant or directions be issued in the

light of the decision rendered by the Hon'ble Apex Court in the case

of Arnesh Kumar Vs. State of Bihar.

Learned counsel for the State has vehemently opposed the bail

and have submitted that the case is registered under Sections 354, 323

of I.P.C. wherein, offence under Section 354 of I.P.C. is against

woman. Hence, prayed for rejection of the anticipatory bail.

Heard learned counsel for the rival parties and perused the case diary.

The case is registered under Sections 354, 323 of I.P.C.

Considering the facts and circumstances of the case and looking to the

nature of offence, this court is neither inclined to grant anticipatory

bail to the present applicant nor inclined to pass any order in the light

of aforesaid judgments.

Accordingly, the anticipatory bail application filed under

section 438 of Cr.P.C. is rejected.

(Rajeev Kumar Shrivastava) Judge Monika*

Digitally signed by MONIKA SHARMA

MONIKA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

SHARMA st=Madhya Pradesh, 2.5.4.20=1cbbae26c87c00013f5046748e 62527c7ddf7dd9146694af9eed96f47a3 59612, cn=MONIKA SHARMA Date: 2021.08.03 12:13:25 +05'30'