Citation : 2021 Latest Caselaw 627 MP
Judgement Date : 10 March, 2021
1
The High Court Of Madhya Pradesh
MCRC-13228-2021
(VIKRANT SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :10.03.2021
Shri Awdhesh Singh Bhadoria, learned counsel for the applicant.
Shri A.K. Nirankari, learned Public Prosecutor, for the State.
Heard the learned counsel for the parties.
The applicant has filed this first application u/S.438 Cr.P.C. for
grant of anticipatory bail as he has apprehension of his arrest in
connection with Crime No.102/2021 registered at Police Station Gole
Ka Mandir, District Gwalior (M.P.) for the offences punishable under
Sections 353, 332, 186, 294, 506, 427, 34 of IPC.
It is alleged that the applicant has falsely been implicated in the
case. He has not committed any offence in any manner. Looking to
the facts and circumstances of the case and on perusal of the F.I.R. no
offence under Sections 353 and 506 of IPC are made out. It is argued
that applicant is a young youth of 33 years and he is the first offender.
He is ready to abide all the terms and conditions that may be imposed
by this Court while considering his bail application and prays for grant
of anticipatory bail.
Counsel for the applicant has relied upon a judgment of the
Supreme Court in the case of Siddharam Satlingappa Mhetre v.
State of Maharashtra as reported in (2011) 1 SCC 694 and
argued that till the applicant is not required for any heinous offences,
he should not be taken into custody.
2
The High Court Of Madhya Pradesh
MCRC-13228-2021
(VIKRANT SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH)
Per contra, counsel appearing for the State has opposed the bail
application stating that there is active participation of the applicant in
commission of the offence. It is clearly reflected from the F.I.R. that
when a team of Electricity department went to one Adhitya Singh's
house at Pushkar colony to give electricity connection on meter Board,
applicant abuses the employees of Electricity department and beaten
them by bamboo sticks. Investigation is still pending in the matter.
Therefore, he prays for dismissal of the bail application.
Considering the overall facts and circumstances of the case and
looking to the nature of offence, this Court is not inclined to give the
benefit of anticipatory bail to the applicant. The bail application is
rejected. However, liberty is extended to the applicant to surrender
before the trial Court and apply for regular bail.
(Vishal Mishra)
mani Judge
SUBASRI MANI
2021.03.10
18:03:15
-08'00'
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