Madhya Pradesh High Court
Delan Singh vs The State Of M.P on 23 August, 2021
Author: Rajendra Kumar Srivastava
1 MCRC-37106-2021
The High Court Of Madhya Pradesh
MCRC-37106-2021
(DELAN SINGH AND OTHERS Vs THE STATE OF M.P)
4
Jabalpur, Dated : 23-08-2021
Heard through Video Conferencing.
Shri Amit Jain, learned counsel for the applicants.
Shri Akhilendra Singh, learned Govt. Advocate, for the respondent-
State.
This is first application filed by the applicants under Section 438 of
Cr.P.C. for grant of anticipatory bail.
Applicants are apprehending their arrest in connection with Crime
No.20/2021, registered at Police Station-Khurai City, District Sagar (MP), for
the offences punishable under Sections 353, 186, 294, 323 and 506 read with
Section 34 of the IPC.
A s per prosecution case, on 22.01.2021, at about 09:30 pm,
complainant-Devendra Yadave who is posted as constable, was discharging
his duty. At that time, in treasury of Khurai, three persons one of them was
co-accused Rajness were consuming liqure behind the said office when
complainant obstructed them then they abused him and assaulted him with
kick and fists. After that, other persons were also came there and they also
participated in the alleged crime. Thereafter, complainant has called other
police officials then accused persons ray away from the spot.
Learned counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in this case b y the complainant.
Actually, complainant was intoxicated along with his companions and he
stopped co-accused Rajneesh and demanded money for liqour and when co-
accused refused then complainant slapped him. Thereafter, co-accused
Rajneesh pushed the complainant to save himself then some persons were
passing over there and intervened into the incident. The applicants did not
inflict any injury to the complainant. There is no probability of their
2 MCRC-37106-2021
absconding or tampering with the prosecution evidence. Therefore, learned
counsel for the applicants prays for grant of anticipatory bail to the
applicants. He further submits that all the allegations leveled against them are
false and fictitious and if the applicants are arrested, it would adversely affect
the mentality and psychology both and their family members would also
suffer irreparable loss. He also relied on the judgment of Hon'ble the Apex
Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014)
8 SCC 273.
Per-contra, learned G.A. for the respondent/State opposes the bail
application.
On perusal of case diary, complainant who was discharging his duty as
constable at the time of incident has filed a complaint against the co-accused-
Rajneesh and other accused persons thereafter, a case has been registered
under the aforesaid Sections. So, it appears that prima facie evidence is
available against the present applicants and allegations are specific and
Investigation is also going on. Thus, I am not inclined to grant anticipatory
bail to the applicants. However, keeping in mind the view taken by Hon'ble
the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined
to direct thus:-
(i) That, the police may resort to the extreme step of arrest only when
the same is necessary and the applicants fail to cooperate in the investigation.
(ii) That, the applicants should first be summoned to cooperate in the
investigation. If the applicants cooperates in the investigation then the
occasion of their arrest should not arise.
(iii) That, if the applicants-accused file an application for regular bail
before trial Court, then same shall be considered expeditiously as soon as
possible, preferably, on the same day.
Accordingly, this petition is disposed off.
C.c. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
3 MCRC-37106-2021
JUDGE
sp
Digitally signed by LALIT
SINGH RANA
Date: 2021.08.23 18:16:45
+05'30'
