Ramashray Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 8010 MP

                                                                          1                            MCRC-11863-2021
                                           The High Court Of Madhya Pradesh
                                                   MCRC No. 11863 of 2021
                                                 (RAMASHRAY KUSHWAHA Vs THE STATE OF MADHYA PRADESH)


                         Jabalpur, Dated : 30-11-2021
                                     Shri Siddharth Datt, learned counsel for the applicant.

                                     Shri Abhishek Singh, learned panel lawyer for the respondent/State.

This is the third application under Section 438 of Cr.P.C filed by the applicant for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.415/2020

registered at Police Station Garh, Distict Rewa for the offence punishable under Sections 498-A, 304-B and 34 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, 1961.

Earlier applications were considered and rejected by this Court on merits vide order dated 19.10.2020 passed in M.Cr.C.No.39903/2020 and order dated 18.01.2021 passed in M.Cr.C.No.2390/2021. The repeat application under Section 438 of Cr.P.C. has been filed on the ground that the applicant is a Government servant. No specific allegations are made against the present applicant regarding commission of offence. He is living separately and the deceased has not made any comment in the suicide note

against the present applicant. He is willing to cooperate in the investigation. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for grant of bail. He is working as a Principal Chief Forest Guard, therefore, he prays for grant of anticipatory bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that the third application for anticipatory bail is not maintainable in view of the judgment passed by the Hon’ble Supreme Court in the case of G.R.Ananda Babu Vs. State of Tamilnadu [SLP (Criminal) No.213/2021] decided on 28.01.2021. It is submitted that all the grounds were considered by this Court in the earlier bail application and the same was rejected on merits on 19.10.2020. He is still absconding and is not cooperating in the investigation. The offence was registered in the year 2020 and the applicant is absconding in the matter. There are allegations against the present applicant with respect to commission of offence and Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.03 16:39:05 IST 2 MCRC-11863-2021 considering the aforesaid, the bail application was rejected on earlier occasion. Even the suicidal note which was produced was considered by this Court on the earlier occasion which is reflected from the earlier rejection order.

Considering the overall facts and circumstances of the case and the judgment passed by the Supreme Court regarding the filing of repeat bail application under

Section 438 of Cr.P.C., this Court is not inclined to allow the application.

The application is hereby rejected.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.12.03 16:39:05 IST