Tara Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1108 MP

                                   1



           HIGH COURT OF MADHYA PRADESH
                      M.Cr.C. No.1635/2022
                    (Tara Singh Vs. State of M.P. )
Gwalior, Dated:24.01.2022
      Shri Manish Sharma, learned counsel for the applicant.
      Shri Manish Nayak, learned P.L. for respondent/State.

Shri Ravi Vallabh Tripathi, learned counsel for complainant. Heard through video conferencing.

This is second application under Section 438 of the Cr.P.C

filed by the applicant who apprehend his arrest in connection with

Crime No.209/2021, registered at Police Station Amola, District

Shivpuri, for the offence punishable under Sections 376, 354, 452,

323, 294, 506 and 34 of IPC. His earlier bail application was

dismissed as withdrawn by this Court.

It is the submission of counsel for the applicant that he is

apprehending his arrest on the basis of registration of offence

referred above. Applicant has no role to play and he has been falsely

implicated because of local Panchayat related dispute and earlier,

he has made many complaints also in this regard. Confinement may

bring social disrepute and personal inconvenience.

Learned counsel for the respondent/State opposed the prayer

and submitted that this case is medically corroborated. Prosecutrix

was mishandled by co-accused-Raghvendra and when she was

going to make complaint, then applicant intervened and erupted the

prosecutrix by breaking up.

Learned counsel for the complainant opposed the prayer and

referred the judgment rendered by the Apex Court in the case of

G.R. Ananda Babu Vs. State of Tamil Nadu, reported in 2021

SCC OnLine SC 176.

Considering the submissions and the fact situation that earlier

bail application was withdrawn by the applicant when this Court

was not inclined to grant of bail. On same set of facts, present

application has been filed. Allegations have wider ramifications and

applicant is an accused of offence under Section 34 of IPC also

beside other provisions of law. No case for anticipatory bail is made

out. Applicant has to surrender before the course of justice and seek

regular bail.

At this juncture, learned counsel for the applicant seeks

permission to withdrawal of this application but showed his anxiety

for expeditious disposal of application.

Application stands dismissed on merits.

However, if any bail application is being preferred for regular

bail, then same shall be considered and decided in accordance with

law as expeditiously as possible.

                                                                                                            (Anand Pathak)
                                                        Ashish*                                                  Judge

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08 c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD2 01D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EEDB

ASIA A3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.01.25 10:48:00 +05'30'