Manoj Kumar Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7931 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 12 th OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 16986 of 2023

                          BETWEEN:-
                          MANOJ KUMAR DWIVEDI S/O RAJKUMAR DWIVEDI,
                          AGED ABOUT 40 YEARS, OCCUPATION: FARMER
                          DUVEN TOLA POLICE STATION KOTHI DISTRICT
                          SATNA (MADHYA PRADESH)

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

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

                                                                                          .....RESPONDENT
                          (BY SHRI DILIP SHRIVASTAVA - GOVERNMENT ADVOCATE)

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

This is the fourth repeat bail application under Section 439 of Cr.P.C

filed by the applicant for grant of bail. His earlier applications were dismissed as withdrawn.

The applicant has been arrested on 24.12.2021 by Police Station Kothi, District Satna (M.P.) in connection with FIR No.289/2021 for the offence punishable under Sections 307 & 341/34 of the Indian Penal Code and Section 25/27 of the Arms Act.

It is submitted that the applicant has been falsely implicated in the case

Signature Not Verified and he has not committed any offence in any manner. The repeat application Signed by: SHALINI LANDGE Signing time: 5/13/2023 11:36:54 AM

has been filed on the ground that the statements of the injured as well as other witnesses have been recorded and there are material contradictions and omissions in their statements. Applicant is in custody since 24.12.2021. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State vehemently opposed the application stating that contradictions and omissions in the statements of the witnesses cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of

Chhattisgarh and others reported in 2007 Vol 11 SCC 195 as there is direct allegation of gun shot injury on the applicant which is medically corroborated. Hence, he prays for dismissal of the application.

Considering the over all facts and circumstances of the case and the argument that the case of the applicant does not fall under the category of Section 307 of the IPC, cannot be considered at the bail stage. Even the custody period of the applicant is of one year and four months which cannot be a ground to enlarge the applicant on bail. Hence, this Court is not inclined to allow this bail application at this stage.

Application is hereby rejected.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 5/13/2023 11:36:54 AM