Atalvihari Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 6148 MP

                                                  1
                IN         THE     HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                              BEFORE
                                 HON'BLE SMT. JUSTICE SUNITA YADAV
                                      ON THE 17 th OF APRIL, 2023
                                 MISC. CRIMINAL CASE No. 10280 of 2023

              BETWEEN:-
              1.      ATALVIHARI MISHRA S/O SHRI DEENDAYAL
                      MISHRA, AGED ABOUT 51 YEARS, RAJ PAYGA
                      ROAD DAL BAZAR TIRAHA LASHKAR (MADHYA
                      PRADESH)

              2.      PUROSHOTTAM BAJPAI S/O SHRI KHEMCHAND
                      PAJPAI, AGED ABOUT 56 YEARS, RAJAPAYAGA
                      ROAD, DAL BAZAR TIRAHA, LASHKAR GWALIOR
                      (MADHYA PRADESH)

                                                                                 .....APPLICANT
              (SHRI ANIL KUMAR MISHRA, LEARNED COUNSEL FOR THE PETITIONER
              [P-1].

              AND
              THE STATE OF MADHYA PRADESH INCHARGE POLICE
              STATION THROUGH POLICE STATION BILAUVA
              (MADHYA PRADESH)

                                                                             .....RESPONDENTS
              (SHRI ROHIT MISHRA - A.A.G.- APPEARING ON BEHALF OF ADVOCATE
              GENERAL).
              (SHRI AMIT KUMAR GOSWAMI, LEARNED COUNSEL FOR THE
              RESPONDENT [COMP].

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

The applicants have filed this First application u/S 438, Cr.P.C. for grant of anticipatory bail.

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR The applicants are apprehending their arrest in connection with criminal Signing time: 18-04-2023 09:38:17 AM case No.1039/2017 registered at Police Station Bilauha, District Gwalior for

the offence punishable under Section 194, 195, 211 of IPC.

Allegations against the applicants/accused, in short, are that the applicants along with co-accused persons falsely implicated Jaswant, Ramras, Ramratan, Kallu and Ballu in a criminal case registered against the above persons for the offence punishable under sections 364-A, 363, 365/120-B r/w section 13 of MPDVPK Act and section 25 (1) - B and 27 of Arms Act.

Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated. They are the only earning members of their family. They are not involved in commission of the offence. The allegations against the present applicant / accused persons are that they provided money to the

complainant party to give it to the Dacoit in earlier case (Sessions Trial No. 15/2010). The applicants are permanent resident of District Gwalior and they are ready to abide by all the terms and conditions as may be imposed by this Court. On these grounds, prayed for grant of anticipatory bail to the applicants.

On the other hand, learned State counsel vehemently opposed the application and argued that the Division Bench of this High Court vide judgment dated 25/09/2017 passed in bunch of appeals which included Cr.A. No. 840/2004 (Kallu vs. State of M.P.), Cr.A. No. 782/2004 (Naval Singh alias Navla vs. State of M.P.), Cr.A. No. 45/2005 (Ballu alias Balram vs. State of M.P.), Cr.A. No. 104/2005 (Ramratan and Others vs. State of M.P.) & Cr.A. No. 609/2013 (Dayaram vs. State of M.P.), it has been held that the present applicants / accused persons along with co-accused persons falsely implicated Jaswant, Ramras & Ramratan in a criminal case, therefore, learned trial Court Signature Not Verified Signed by: SANJAY was directed to initiate proceedings against the present applicants/accused NAMDEORAO DURGEKAR Signing time: 18-04-2023 09:38:17 AM

persons who are witnesses in Sessions Trial for giving false evidence before the Court of law. In these circumstances, when present applicants /accused persons falsely implicated Jaswant, Ramras & Ramratan in a criminal case, therefore, it is prayed that applicants / accused persons are not entitled to get the benefit of anticipatory bail.

However, it would not be desirable to enter into merits of the rival contentions at this juncture. It is well settled that the considerations governing grant of anticipatory bail are altogether different from those relevant for the prayer for regular bail.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on the merits of the case, in the opinion of this Court, no case for grant of anticipatory bail is made out. The application, therefore, stands rejected.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 18-04-2023 09:38:17 AM