Madhya Pradesh High Court
Tilak vs The State Of Madhya Pradesh on 22 February, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 22nd OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 7701 of 2022
Between:-
1. TILAK S/O SHRI CHANDAN SINGH , AGED ABOUT
25 YEARS, OCCUPATION: NIL VILLAGE MANGOLA
POLICE STATION MAGRON TEHSIL BATIYAGARH
(MADHYA PRADESH)
2. NIRPAT S/O SHRI CHINNU SINGH , AGED ABOUT
50 YEARS, OCCUPATION: NILL VILLAGE
MANGOLA POLICE STATION MAGRON TEHSIL
BATIYAGARH (MADHYA PRADESH)
3. GAJRAJ S/O PRAN SINGH , AGED ABOUT 35 YEARS,
OCCUPATION: NILL VILLAGE MANGOLA POLICE
STATION MAGRON TEHSIL BATIYAGARH
(MADHYA PRADESH)
4. SONE SINGH S/O SUNDAR SINGH , AGED ABOUT 35
YEARS, OCCUPATION: NILL VILLAGE MANGOLA
POLICE STATION MAGRON TEHSIL BATIYAGARH
(MADHYA PRADESH)
.....PETITIONERS
(BY MR. VAIBHAV JAIN, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MAGRON DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY MR. Y.D. YADAV, GOVERNMENT ADVOCATE )
This application coming on for admission this day, the Court passed the
following:
ORDER
In compliance of order dated 18.02.2022 passed by this Court, Mr. D.R. Teniwar, Superintendent of Police Damoh along with Mr. Manoj Kumar Yadav, Sub Inspector/Investigating Officer, Magron, District Damoh, appeared before the Court.
The Superintendent of Police, Damoh undertakes to take appropriate action against the erring official who has deposited the case-diary without there being any Signature Not Verified SAN MLC report.
Digitally signed by DEVASHISH MISHRA Date: 2022.02.23 10:36:22 ISTConsidering the aforesaid, the presence of the officers are hereby 2 discharged.
This is the first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
The applicants are apprehending their arrest in Crime No.03/2022 registered at Police Station Magron, District Damoh, for the offence punishable under Sections 294, 195-A, 323, 506, 147 and 148 of the Indian Penal Code.
Learned counsel for the applicant submits that the applicant are innocent and have falsely been implicated in the alleged offence. He submits that the applicants have no criminal antecedents. On these submissions he prays that the applicants may be granted the benefit of anticipatory bail.
On the other hand, learned Government Advocate has opposed the prayer of anticipatory bail and submitted that a notice under Section 41 of the CrPC was issued to the applicants and as such, they should appear before the Investigating Officer, but at this stage, it would not be proper to enlarge the applicants on anticipatory bail.
Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am of the opinion that it is not a case in which the applicants can be enlarged on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is dismissed.
(SANJAY DWIVEDI) JUDGE Devashish Signature Not Verified SAN Digitally signed by DEVASHISH MISHRA Date: 2022.02.23 10:36:22 IST