Madhya Pradesh High Court
Vishvajeet Bhadouriya vs The State Of Madhya Pradesh on 20 September, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 20th OF SEPTEMBER, 2022
MISCELLANEOUS CRIMINAL CASE No. 44326 of 2022
BETWEEN:-
VISHVAJEET BHADOURIYA S/O SHRI
BAHAMPRAKASH SINGH @ BRAMHAPRAKASH
SINGH, AGE: 24 YEARS, OCCUPATION-
STUDENT, R/O: NEAR TIRUPATI MOTARS,
TANSEN ROAD, DISTRICT GWALIOR (MADHYA
PRADESH)
.....APPLICANT
(SHRI RAJIV SHARMA- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION PADAV, DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
(SHRI C.P.SINGH- PANEL LAWYER FOR THE STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is available.
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.59/2022 registered at Police Station Padav, District Gwalior for offence under Section 147, 148, 149, 186, 307, 353 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, on 31/01/2022 some active members of NSUI were 2 protesting and they were trying to burn effigy. Deepak Gautam S.I., he was posted in order to maintain law and order. He tried to snatch the said effigy and during this process Deepak Gautam suffered burn injuries on account of the attempt made by the protesters to burn effigy. It is submitted that the name of the applicant was not mentioned in the FIR and his name figured for the first time on 04/03/2022 i.e., when the statements of some other police personnel were recorded.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it is true that the name of the applicant was not mentioned in the FIR, but the dying declaration of Deepak Gautam was recorded on the very same day i.e. 31/01/2022 and in the said dying declaration the name of the applicant has been specifically mentioned, which clearly shows that there is no delay in disclosing the name of the applicant.
Considering the nature of allegations, no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE Pj'S/-
PRINCEE BARAIYA 2022.09.20 18:40:01 -07'00'