Madhya Pradesh High Court
Abhay Yadav vs The State Of Madhya Pradesh on 27 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:3940
1 MCRC-3486-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 27th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 3486 of 2025
ABHAY YADAV AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Manish Tiwari and Ms. Sabhyata Yadav - Advocate for applicants.
Mr. Sunil Gupta - Panel Lawyer for State.
Mr. Vaibhav Jain - Advocate for complainant.
ORDER
This is an application filed by the applicants under Section 482 of
BNSS (Section 438 of the Cr.P.C.) seeking anticipatory bail in connection
with FIR/Crime No.153 of 2024 registered at Police Station - Dehat, District-
Tikamgarh (M.P.) for the offences punishable under Sections 294, 323, 325,
506 & 34 of the Indian Penal Code.
2. Learned counsel for applicants has drawn the attention of this Court
to the judgment of Nirbhay Singh and Ors. Vs. State of Madhya Pradesh,
1994 SCC Online MPLJ 206 and submitted that anticipatory bail application
is maintainable even after the Magistrate has issued the process under
Section 204 or at the stage of committal of the case to the Sessions Court or
even at subsequent stage, if circumstances held so justified and submitted
that the applicants were present when the charge-sheet was filed before the
trial Court and they were granted the benefit of regular bail by the committal
NEUTRAL CITATION NO. 2025:MPHC-JBP:3940
2 MCRC-3486-2025
Court after that on objection filed by the complainant, Section 326 of the
Indian Penal Code was enhanced, and on that basis, the warrants have been
issued against the applicants. They are apprehending their arrest in the case,
hence, he prayed that applicants be released on anticipatory bail as no case
under Section 118 of the Bhratiya Nyaya Sanhita, 2023 is made out against
the applicants.
3. Learned counsel for complainant has relying on the judgment of
Shrikant Upadhyay Vs. State of Bihar and another in criminal appeal arising
out of SLP (Criminal) No.7940 of 2023 dated 14.03.2024 and has submitted
that if the accused is absconding, he is not entitled for bail as proclamation
has been issued against the applicants. He further submits that the applicants
have criminal records. Against Raman Yadav, 18 cases have been registered
and the other applicants have also criminal records. The police is trying to
pass the order for externment proceedings. The applicants are constantly
threatening the complainant party and if they are granted the benefit of
anticipatory bail, they will definitely, influence the trial and the complainant
will not get the justice, hence, the anticipatory bail application of the
applicants be rejected.
4. Learned counsel for State has submitted that no case of anticipatory
bail is made out, hence, the bail application of the applicants be rejected.
5. Heard the learned counsel for the parties and perused the case diary.
6. Thus, looking to the facts and circumstances of the case as well as
also the fact that as per F.I.R, the injuries were caused by the base-ball bat
and that is hard and blunt object coupled with the fact that applicants firstly
NEUTRAL CITATION NO. 2025:MPHC-JBP:3940
3 MCRC-3486-2025
present before the trial Court, they are entitled for anticipatory bail in the
event of arrest by the trial Court or by the Police Authorities through the
warrants issued by the trial Court, this Court deems it appropriate to enlarge
the applicants on anticipatory bail, therefore, without commenting on the
merits of the case, the application is allowed.
7. It is directed that in the event of arrest, the applicants shall be
enlarged on bail on their furnishing personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with one solvent surety each in the like
amount to the satisfaction of the Arresting Officer for their appearance
before the concerned authority during the course of investigation or before
the trial Court concerned during trial, as the case may be.
8. It is further directed that the applicants shall abide by all the
conditions as enumerated under Section 482(2) of the BNSS.
9. Accordingly, M.Cr.C. stands disposed of.
10. C.C as per rules.
(DEVNARAYAN MISHRA)
JUDGE
julie
