Madhya Pradesh High Court
Rajkumar Ahirwar vs The State Of Madhya Pradesh on 27 January, 2025
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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. 3736 of 2025
RAJKUMAR AHIRWAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sourabh Singh Thakur - Advocate for the applicant.
Shri Manoj Kumar Singh - Panel Lawyer for the respondent/State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bhartiya Nagarik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973
seeking anticipatory bail in connection with Crime No.13 of 2024 for the
offence punishable under Sections 294, 323, 324, 326 and 506 of IPC and
under Section 25 (1-B)(B) of Arms Act registered at Police Station-
Tendukheda, District-Damoh (M.P.).
2. Learned counsel for applicant has submitted that applicant was
arrested by the police and was given the benefit of regular bail as the case
was registered under Sections 294, 324 and 506 of IPC and in the charge-
sheet it is submitted before the trial Court that Section 326 of IPC has been
added, thus after enhanced crime, the trial Court has suspended the bail and
issued the arrest warrant against the applicant, hence, the anticipatory bail
was filed before the Sessions Court but the Sessions Court has dismissed the
bail application citing the judgment of Manish Jain Vs. Haryana State
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Pollution Control Board passed in Special Leave Appeal, (Crl.)
No.5385/2020. Learned counsel for the applicant has submitted that it is not
required to accused to be present at the time of filing of the charge-sheet and
hence the applicant be given the benefit of anticipatory bail.
3. To support his contention that the bail is maintainable in the cases
where the arrest warrant has been issued by the competent Court, learned
counsel for applicant has relied on the judgment passed by Hon'ble Apex
Court in the case of Bhadresh Bipinbhai Sheth Vs. State of Gujarat (2016) 1
SCC 152, in which the Apex Court has held that if the offence is enhanced or
added and the warrant is issued by the Court, the anticipatory bail application
is maintainable.
4. Learned counsel for applicant has further submitted that applicant
has no criminal record and he will cooperate in the trial, hence, he prayed
that applicant be released on anticipatory bail.
5. Learned counsel for State has opposed the application and has
submitted that the applicant is not entitled for anticipatory bail.
6. Heard the learned counsel for the parties and peruse the case diary.
7. On perusal of the case diary, it is clear that the basic case was
registered under Sections 294, 324 and 506 of IPC on the ground that the
injured Badri Prasad went towards electricity transformer for connecting the
wire of his connection, on that the applicant started abusing him and
snatched the cables from the transformer and assaulted Badri Prasad by
sword, resultantly the injured Badri Prasad suffered the injuries in the right
eye, forehead and nose.
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8. The applicant was arrested on 15.01.2024 and from his possession,
the sword was recovered and after investigation the charge-sheet was
submitted under Sections 294, 324, 506, 323 and 326 of IPC and Section
25(1-B)(b) of the Arms Act. The Trial Court cancelled the bail and issued the
warrant against the applicant and the anticipatory bail application was also
dismissed by the Sessions Court.
9. The applicant is not required in the investigation and sword has been
recovered from his possession. Arrest of the applicant is not required and
looking to the principle laid down in the case of Bhadresh Bipinbhai Seth
(supra), the anticipatory bail application is maintainable.
10. Looking to the above facts and circumstances of the case, this
Court deems it appropriate to enlarge the applicant on anticipatory bail,
therefore, without commenting on the merit of the case, the application is
allowed. Subject to condition that the applicant shall appear before the trial
Court regularly and shall cooperate in the speedy disposal of the case and
shall not seek unnecessary adjournments for cross-examination of the
prosecution witnesses and shall also follow the all conditions imposed upon
him.
11. It is directed that in the event of arrest the applicant shall be
enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one surety in the like amount to the
satisfaction of the Arresting Officer/concerned Court for his appearance
before him during the course of investigation or before the trial Court
concerned during trial, as the case may be.
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12. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
13. Accordingly, M.Cr.C. stands disposed of.
14. C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
AT
