Vidyanidhan Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 16559 MP

                                                             1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 7 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 44293 of 2023

                           BETWEEN:-
                           VIDYANIDHAN PANDEY S/O SHRI RAM SUBHAG
                           PANDEY, AGED ABOUT 45 YEARS, OCCUPATION:
                           AGRICULTURE UNSKILLED LABOUR R/O VILLAGE
                           AMARPUR P.S. CHURHAT DISTRICT SIDHI (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI BHUPENDRA K. SHUKLA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION CHURHAT DISTRICT SIDHI (MADHYA
                           PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI AKSHAY NAMDEO - GOVT. ADVOCATE)

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

This is first bail application filed by the applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.686/2023, registered at Police Station-Churhat, District-Sidhi (M.P.) for the offence punishable under Section 8/20 of NDPS Act & 294, 332, 506, 186, 353, 34 of IPC.

2. Learned counsel appearing for applicant submitted that applicant is innocent and falsely been implicated in the case. Seizure of contraband article has been made from Neeraj Pandey. It is submitted that applicant intervened, Signature Not Verified Signed by: NEETI TIWARI Signing time: 09-10-2023 10:55:17

when police was arresting Neeraj Pandey and assaulted the Police party. Allegations are made against applicant under Sections 353, 332 & 186 of IPC. Offence is punishable upto three years of imprisonment and is triable by Judicial Magistrate First Class. In these circumstances, respondent may be directed to follow the guidelines issued in judgment passed by Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

3 . Learned Government Advocate appearing for the State does not oppose the aforesaid prayer.

4. Heard the counsel for the parties.

5. Considering aforesaid circumstance, bail application filed by applicant

i s disposed off directing Investigating Officer concerned to comply with directions issued by the Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

6. Applicant is directed to co-operate in investigation of case and he will appear before Investigating Officer as and when required for investigation.

7. If applicant does not cooperate in investigation of case, then the investigating officer is free to act in accordance with provisions of Criminal Procedure Code and directions issued by Apex Court in the case of Arnesh Kumar (supra).

8. With aforesaid, bail application is disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 09-10-2023 10:55:17