Rajendra Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 13381 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 17 th OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 34900 of 2023

                           BETWEEN:-
                           RAJENDRA TIWARI S/O LATE BALRAM TIWARI, AGED
                           ABOUT 42 YEARS, OCCUPATION: FARMER RESIDENT
                           OF VILLAGE MAGRON POLICE STATION MAGRON
                           TAHSL BATIYAGARH, DISTRICT DAMOH (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI MADAN SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MAGRON, DISTRICT DAMOH (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI VIVEK LAKHERA - GOVT. ADVOCATE)

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

This is first application filed by applicant/accused under Section 438 for grant of anticipatory bail relating to FIR No.127/2023, registered at Police Station Magron, District Damoh (M.P.) for the offences punishable under Sections 341, 294, 323, 324, 506 and 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and falsely been implicated in the case. There is no allegation that applicant was using any dangerous weapon. Only allegation is that he assaulted with hands and fists. Applicant has falsely been implicated due to old enmity. In Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 18-08-2023 17:23:06

these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Government Advocate appearing for the State opposed the anticipatory bail application and submitted that applicant is not a reputed citizen. As many as 7 criminal cases are registered against the applicant. In these circumstances, anticipatory bail application be dismissed.

4. Heard learned counsel for the parties.

5. Applicant was on spot along with main accused persons. Overt act has also been ascribed to him.

6. Considering the aforesaid circumstances of the case, anticipatory bail application filed by the applicant is dismissed.

7. Counsel appearing for applicant relied on judgment passed by Supreme Court in case of Arnesh Kumar Vs. State of Bihar; (2014) SCC

427).

8. It is for Investigating Officer to consider whether despite having criminal records, applicant can be given benefit of Arnesh Kumar (supra) or not.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 18-08-2023 17:23:06