Dilip Kumar Tripathi vs Madhya Pradesh Poorva Khetra ...
2023 Latest Caselaw 7473 MP

                                                            1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                  ON THE 8 th OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 18716 of 2023

                         BETWEEN:-
                         DILIP KUMAR TRIPATHI S/O SHRI RAMAVATAR
                         TRIPATHI, AGED ABOUT 46 YEARS, OCCUPATION:
                         UNEMPLOYED R/O MAJHGAWA BHATTA, TEHIL
                         RAGHURAJNAGAR,   DISTRICT SATNA (MADHYA
                         PRADESH)

                                                                                           .....APPLICANT
                         (BY SHRI PRATEEK DUBEY - ADVOCATE)

                         AND
                         MADHYA PRADESH POORVA KHETRA VIDYUT VITRAN
                         COMPANY LIMITED THROUGH ITS KARYAPALAN
                         ABHIYANTA, M.P.P.K.V.V. COMPANY LIMITED, PREM
                         NAGAR, UPBHOKTA SEWA KENDRA, GRAMIN - 2,
                         DISTRICT SATNA (MADHYA PRADESH)

                                                                                        .....RESPONDENT


                               This application coming on for admission this day, th e Court passed

                         the following:
                                                              ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.171/2021, for the offences punishable under Section 138 of Electricity Act, 2003.

Learned counsel appearing for the applicant prays for withdrawal of this anticipatory bail application with liberty to file an application under Section 439 of the Cr.P.C. before the learned trial Court. He also submitted that applicant Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 5/9/2023 2:12:37 PM

be given benefit of judgment reported in the case of Arnesh Kumar Vs. State of Bihar and Other, (2014) 8 SCC 273.

Considering the aforesaid, liberty is granted to the applicant to file an application under Section 439 of the Cr.P.C. before the learned trial Court and learned trial Court is directed to decide the same as per the judgment of Arnesh Kumar (supra).

With aforesaid direction, anticipatory bail application is dismissed as withdrawn.

(ACHAL KUMAR PALIWAL) JUDGE irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 5/9/2023 2:12:37 PM