Ashish Mishra vs The State Of Madhya Pradesh on 18 November, 2024

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Madhya Pradesh High Court

Ashish Mishra vs The State Of Madhya Pradesh on 18 November, 2024

Bench: Achal Kumar Paliwal

          NEUTRAL CITATION NO. 2024:MPHC-JBP:56319




                                                              1                          MCRC-47939-2024
                              IN        THE    HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                                 ON THE 18th OF NOVEMBER, 2024
                                              MISC. CRIMINAL CASE No. 47939 of 2024
                                                       ASHISH MISHRA
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Nitin Dubey - Advocate for the applicant.
                                   Ms. Samta Jain- Government Advocate for the respondent/State.
                                   Shri Paritosh Trivedi and Shri Manish Kumar Tiwari - Advocate for
                           the objector.

                                                                  ORDER

This first application under Section 482 of Bhartiya Nagrik Suraksha Sanhita has been filed on behalf of the applicant for grant of anticipatory bail.

2. Applicant Ashish Mishra apprehending his arrest in connection with Crime No. 786 of 2024 of Police Station-Gorakhpur, District-Jabalpur for commission of the offences punishable under Sections 296, 119(2), 115(2) and 351(3) of BNS for grant of anticipatory bail.

3. Prosecution story in brief is that at alleged date, time and place, applicant demanded Rs.1,000/- for consumption of liquor and when injured person did not fulfill the demand, then, he was assaulted with some iron patti and thereby causing various injuries.

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/19/2024 11:33:07 AM

NEUTRAL CITATION NO. 2024:MPHC-JBP:56319 2 MCRC-47939-2024

4. Learned counsel for the applicant, after referring to Section 308 of BNS and order passed by a coordinate Bench of this Court in Narendra Singh Yadav Vs. The State of Madhya Pradesh passed in M.Cr.C.No.34649 of 2023 by order dated 11.08.2023, submits that in the instant case, as no property has been delivered, therefore, offence under Section 308 (Extortion) of the BNS is not made out. Resultantly, no offence under Section 119 of BNS is also made out. It is also urged that at-the most, offence under Section 323 of IPC is made out. Further, after referring to objection filed by the objector, it is urged that therein, MLC dated 21.10.2024 has been filed. Applicant has been falsely implicated. On above grounds, it urged that applicant be released on anticipatory bail.

5. Learned Government Advocate for the respondent/State as well as learned counsel for the objector after referring to objection submits that no case for grant of anticipatory bail is made not.

6. Looking to the nature of incident as well as nature of evidence available on record, no case for grant of anticipatory bail is made out.

7. Accordingly, application filed by the applicant is hereby dismissed.

(ACHAL KUMAR PALIWAL) JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/19/2024 11:33:07 AM

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