Rajendra Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 587 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                               ON THE 10 th OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 58710 of 2022

                          BETWEEN:-
                          RAJENDRA PRAJAPATI S/O SHRI PREMLAL PRAJAPATI,
                          AGED ABOUT 37 YEARS, OCCUPATION: SCULPTURE
                          ARTIST R/O 1844, SHEETLAMAI, GHAMAPUR DISTRICT
                          JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI LAL HITENDRA SINGH- ADVOCATE)

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

                                                                                       .....RESPONDENTS
                          (BY SHRI S.K. YADAV-DEPUTY GOVERNMENT ADVOCATE )

                                This application coming on for admission this day, the court passed the
                          following:
                                Shri B.L. Choudhary, SHO Tendukheda is present in the Court. He has

                          assured that he will arrest the present applicant within a month from today.
                                                              ORDER

This second anticipatory bail application under Section 438 of Cr.P.C. has been filed on behalf of applicant-Rajendra Prajapati for grant of anticipatory bail in connection with Crime No.229/2019 registered at P.S.Tendukheda, District Damoh for commission of offence under Sections 420, 467, 468, 471, 120-B and 34 of IPC read with Section 6(1) of M.P. Nikshepakon ke Hiton ka Sanrakshan Adhiniyam, 2000. The applicant's first anticipatory bail application Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/11/2023 11:33:26 AM

was dismissed vide order dated 17.03.2021 passed in M.Cr.C. No.53846/2020.

Learned counsel for the applicant has submitted that after the judgment passed by a Co-ordinate Bench of this Court in M.Cr.C. No. 3050/2018 (Rachna Garg Vs. State of M.P.), the bar of Section 14 of Act is not applicable in the cases where the applicant was not director of the company. Therefore, it has been prayed that the applicant/accused, who was merely an agent of the company be released on anticipatory bail.

On the other hand, learned counsel for the State has opposed the grant of anticipatory bail to the applicant.

First anticipatory bail application of the applicant was dismissed on merit

vide order dated 17.03.2021 passed in M.Cr.C.No. 53846/2020 (Rajendra Prajapati Vs. State of M.P.). It is surprising that even after the dismissal of the anticipatory bail application by this Court, almost two years back, applicant has not been arrested so far, which shows that he is an influential person and is hand in glove with the police of the concerned police station. Therefore, looking to the fact that there is no change in the circumstances, this Court is not inclined to release the applicant on anticipatory bail. Therefore, this second anticipatory bail application too filed on behalf of applicant-Rajendra Prajapati is dismissed.

(DINESH KUMAR PALIWAL) JUDGE kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 1/11/2023 11:33:26 AM