Shikhar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11053 MP

                                                                1
                           IN       THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 17 th OF JULY, 2023
                                           MISC. CRIMINAL CASE No. 29663 of 2023

                          BETWEEN:-
                          SHIKHAR SINGH S/O SHRI RAM GOVIND SINGH, AGED
                          ABOUT 36 YEARS, R/O VILAGE BHAAD CIVL LINE
                          DISTT. SATNA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI ANVESH SHRIVASTAVA - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CIVIL LINE DISTRICT SATNA (MADHYA
                          PRADESH)

                                                                                          .....RESPONDENT
                          (BY MS. SHWETA YADAV - GOVT. ADVOCATE)

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

This is first application under Section 438 of the Code of Criminal

Procedure as applicant apprehends his arrest in connection with Crime No.321/2023 for the offences punishable under Section 34(2) of the M.P. Excise Act registered at Police Station- Civil Lines District-Satna (M.P.).

2 . Learned counsel appearing for the applicant submitted that applicant has made accused only on basis of memorandum. No other evidence is available against the applicant. In these circumstances, applicant may be enlarged on anticipatory bail.

Signature Not Verified

3. Learned Government Advocate appearing for the State has Signed by: ARVIND KUMAR DUBEY Signing time: 7/18/2023 10:59:03 AM

opposed the bail application. It is submitted by her that applicant is having 8 criminal antecedents. He has been named in memorandum and his custodial interrogation is required in the case. In these circumstances, applicant may not be enlarged on anticipatory bail.

4. Heard learned counsel for the parties.

5. Hon'ble Apex Court reported in the judgment (2012) 2 SCC 382- Maulana Mohd Amir Rashadi v. State of U.P., has stated that application for grant of bail may not be dismissed only on the ground of criminal antecedents. Said application which pending consideration before Apex Court was regular bail under Sections 437 and 439 of Cr.P.C. . Applicant is required

investigation in the case and he is also having criminal antecedents. In these circumstances, no benefit can be given to applicant and application is being dismissed not only on the ground of criminal antecedents but on facts that he will be required for further investigation in the case.

6. Investigation so far as the applicant is concerned will proceed further on his arrest and recovery and other things are to be made from the applicant.

7. Considering the same, application is dismissed.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 7/18/2023 10:59:03 AM