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Madhya Pradesh High Court

Bhupendra Gurjar vs The State Of Madhya Pradesh on 14 September, 2022

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          BEFORE
                                             HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 14th OF SEPTEMBER, 2022

                                         MISC. CRIMINAL CASE No. 42607 of 2022

                                  BETWEEN:-
                                  BHUPENDRA GURJAR S/O SH. SEWA SINGH
                                  GURJAR,   AGED    ABOUT   35   YEARS,
                                  OCCUPATION: PRIVATE JOB SURYA NAGAR
                                  DABRA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                                  (BY MR. ANIL KUMAR MISHRA - ADVOCATE)

                                  AND
                                  THE STATE OF MADHYA PRADESH THR.
                                  INCHARGE POLICE STATION POLICE STATION
                                  DABRA CITY (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                                  (BY MR. AVNEES SINGH - PUBLIC PROSECUTOR)

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

Heard on this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on behalf of the applicant.

T h e applicant is apprehending his arrest in connection with Crime No.679/2022 registered at Police Station Dabra, District Gwalior (M.P.) for commission of offence punishable under Sections 327, 323, 294, 506, 34 and 329 of IPC.

The prosecution story in brief is that the complainant-Reena lodged a report at Police Station Dabra, alleging therein that on 11.08.2022 at about 6 PM, she and her husband were sitting at their shop, at that time the applicant Signature Not Verified Signed by: BARKHA SHARMA Signing time: 15-Sep-22 10:22:34 AM 2 along with co-accused persons came there and demanded Rs.2,000/- for liquor. When they refused to give money, accused persons started using filthy language and also beat them by means of lathi and sticks. When Akash and Rani came to save them, the accused persons also beat them by lathi and stick. Due to said incident, Rinku sustained grievous injury.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He has further argued that the prosecution deliberately, intentionally and with an ulterior motive has lodged this false case. The offences are pity in nature. It is further submitted that there is no possibility of his absconsion. It is further argued that applicant be released on anticipatory bail in the light of the principles laid down by the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (4) KHC 570.

O n the other hand, learned Public Prosecutor vehemently opposed the application and prayed for its rejection submitting that the case is also registered under Section 329 of IPC which is punishable for life imprisonment or sentence upto ten years. Injured-Rinku has sustained grievous injuries. The applicant has criminal history, therefore, he should not be released on anticipatory bail.

However, it would not be desirable to enter into merits of the rival contentions at this juncture. It is well settled that the considerations governing grant of anticipatory bail are altogether different from those relevant for the prayer for regular bail.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on the merits of the case, in the opinion of this Court, no case for grant of anticipatory bail is made out. Therefore, application stands dismissed.

Certified copy as per rules.

(SUNITA YADAV) JUDGE bj/-