Madhya Pradesh High Court
Devendra Shrivastava vs The State Of Madhya Pradesh on 17 April, 2023
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 17 th OF APRIL, 2023
MISC. CRIMINAL CASE No. 12473 of 2023
BETWEEN:-
1. DEVENDRA SHRIVASTAVA S/O DWARKA PRASAD,
AGED ABOUT 34 YEARS, OCCUPATION:
GOVERNMENT JOB, ADDRESS- HOUSE NO. 1, DRP
POLICE LINE, NEHRU NAGAR BHOPAL (MADHYA
PRADESH)
2. ROHIT SHARMA S/O UMAKANT SHARMA, AGED
ABOUT 32 YEARS, OCCUPATION: GOVERNMENT
JOB, ADDRESS- WARD NO. 13, BIRLA DAL MILL
LANE, NEAR MANGAL BHAWAN, SURAJGANJ,
ITARSI, HOSHANGABAD (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ANURAG GOHIL - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOLAR BHOPAL (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed under Section 438 of Cr.P.C. for grant of anticipatory bail relating to FIR/Crime No.128/2023 registered at Police Station Kolar, District Bhopal for the offence punishable under Section 419, 170, 342, 384, 323, 506 and 34 of IPC.
Prosecution case, in short, is that, on 16.02.2023 complainant Gourav Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/20/2023 11:53:10 AM 2 Jain made a written complaint to the Police Station Kolar Road, Bhopal in which it is alleged that on 14.02.2023 at around 3:30 PM, while complainant was coming back to his home, present applicants along with co-accused persons came on four vehicle bearing registration No.MP04-CZ-7901 stopped the complainant stating that there is some warrant against him and demanded Rs.10 lakh to settle the issue. After denial by the complainant, they committed marpeet with the complainant and threatened him. Thereafter, out of fear, the complainant gave them Rs.5 lakh. After that, the applicants demanded more money. On 15.02.2023 complainant's friend Abhimanyu returned Rs.3,30,000/- to him saying that the money is returned by applicant No.1- Devendra Shrivastava. On the basis of which, aforementioned offence has been registered against the applicants.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that FIR was lodged after a delay of 02 days and no notice under Section 41A of Cr.P.C. has been issued against the applicants which is a mandatory requirement under the law for which he has placed heavy reliance in a case of Satender Kumar Antil vs. Central Bureau of Investigation; (2021) 10 SCC 773. There is no probability of his absconding or tampering with the prosecution evidence. He is ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court. On the aforesaid grounds, prayer is made to release the applicant on anticipatory bail.
Learned Government Advocate for the State has strongly opposed the bail application.
Looking to the facts and circumstances of the case and on a perusal of the material available on record including the case diary, prima-facie case is Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/20/2023 11:53:10 AM 3 made out against the present applicants. In such circumstances, this Court is not inclined to grant anticipatory bail to the applicants.
Accordingly, this application filed under Section 438 of Cr.P.C. is dismissed.
(RAJENDRA KUMAR (VERMA)) JUDGE kafeel Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 4/20/2023 11:53:10 AM