Renu Jain vs The State Of Madhya Pradesh
2022 Latest Caselaw 7474 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL MISHRA
                            ON THE 23rd OF MAY, 2022

               MISC. CRIMINAL CASE No. 23915 of 2022

        Between:-
        RENU JAIN S/O TULSIDAS JAIN OCCUPATION:
        LABOUR R/O VILLAGE HARDUA SIMARIYA
        PANNA, DISTRICT PANNA M.P. (MADHYA
        PRADESH)

                                                                  .....APPLICANT
        (BY SHRI SURDEEP KHAMPARIYA- ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION SIMARIYA DISTRICT PANNA
        M.P.  DISTRICT PANNA M.P.      (MADHYA
        PRADESH)

                                                               .....RESPONDENT
        (BY SHRI ALOK AGNIHOTRI-DY. G.A. )

      This application coming on for admission this day, the court passed the
following:
                                     ORDER

This is the first bail application under Section 438 of Cr.P.C filed by the

applicant for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.28/2022 registered by Police Station: Simariya, District Panna (M.P.) for the offence punishable under Sections 153-A IPC and Sections 67, 67-A of the IT Act.

It is pointed out that the applicant has falsely been implicated in the crime and he has not committed any offence in any manner. The allegation against the present applicant is that he has sent some illicit messages and used abusive

language and also misbehaved with Lodhi and Yadav community in the Whatsapp group which has been created by the Electricity Department. On the basis of the complaint, the offence has been registered against the present applicant. It is argued that no offence under Section 153-A of IPC and Sections 67 and 67-A of the IT Act and complaint is made against the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his anticipatory bail application.

Counsel for the applicant has placed reliance upon the judgment passed in the case of Shreya Singal Vs. Union of India in WP (Criminal) No.167/2012 and also upon the judgement passed by the Hon'ble Supreme

Court in the case of Prabhakar Tewari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648, wherein, Honb'le Supreme Court has held that not to consider the criminal past of the accused while dealing with the bail applications and prays for grant of benefit of the judgment passed by the Hon'ble Supreme Court Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. as the punishment is less then seven years.

Per contra, counsel appearing for the State has vehemently opposed the prayer and submitted that it is not a case that by mistake such messages have been sent but on 12 occasions, the applicant has sent these messages on Whatsapp group which is corroborated by the seizure also. It is argued that the applicant is a history sheeter and is having a long criminal history of 17 cases which is reflected from the impugned order itself. He is a person of criminal mentality and in earlier matters, he used to commit such offences from the year 2015-16, 2018-19, 2020-21 regularly he is committing offences and now, the present offence has been committed by trying to disrepute the residents belonging to Lodhi and Yadav community by senting illicit messages on the

Whatsapp group. Therefore, he is not entitled to grant of anticipatory bail and has prayed for rejection of the same.

Considering the overall facts and circumstances of the case and also the fact that the applicant is a history sheeter having 17 criminal cases registered against him prior to the present case and also the fact that 12 messages have been sent on Whatsapp group which is corroborated by the complaint. Thus, this Court is of the view that no case for grant of anticipatory bail is made out.

Application is hereby rejected.

Applicant is directed to surrender and apply for regular bail.

(VISHAL MISHRA) V. JUDGE Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.05.27 13:34:53 IST