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Madhya Pradesh High Court

Deepak Agrawal vs The State Of Madhya Pradesh on 13 June, 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 13th OF JUNE, 2022

                                                    MISC. CRIMINAL CASE No. 13555 of 2022

                                             Between:-
                                             DEEPAK AGRAWAL S/O LATE SHRI JAGADISH
                                             PRASAD AGRAWAL , AGED ABOUT 35 YEARS,
                                             OCCUPATION: BUSINESS R/O KATRA BAZAR
                                             GALLA MANDI WARD NO. 15, P.S. MAIHAR ,
                                             DISTT. SATNA (MADHYA PRADESH)

                                                                                                       .....APPLICANT
                                             (BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI NEERAJ
                                             SHAH, ADVOCATE)

                                             AND

                                             THE STATE OF MADHYA PRADESH THROUGH
                                             POLICE STATION CIVIL LINES SATNA DISTRICT
                                             SATNA M.P. (MADHYA PRADESH)

                                                                                                    .....RESPONDENT
                                             (BY SHRI AKSHAY NAMDEO, GOVERNMENT ADVOCATE)

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

This is the third application filed under Section 438 of the Code of Criminal Procedure on behalf of the applicant for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.320/2018 registered at Police Station Civil Lines, Satna, District Satna for the offence punishable under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

The first bail application of the applicant was dismissed as withdrawn, Signature Not Verified SAN whereas the second one was dismissed on merits vide order dated 03.03.2022 Digitally signed by ANIL CHOUDHARY Date: 2022.06.14 11:53:23 IST passed in M.Cr.C. No.43772/2020.

Learned counsel for the applicant submits that in view of the facts and circumstances of the case that there is a civil dispute pending between the parties and they are fighting against each other even before the civil Court, the applicant is entitled to get the benefit of anticipatory bail.

Shri Namdeo on the other hand submits that this application is not maintainable because each and every aspect of the matter has been taken note of by this Court while rejecting the earlier application of 438 of Cr.P.C. on 03.03.2022.

Considering the facts and circumstances and after perusal of order passed by this Court on earlier occasion rejecting the application of the applicant, I am not inclined to consider the present bail application under the provisions of 438 of Cr.P.C. Accordingly, it is rejected.

(SANJAY DWIVEDI) JUDGE ac/-