Ashok Agarwal vs State of M.P. and Others

Maithli Sharan, J.

Heard both the learned counsel on the instant application for anticipatory bail u/s 438 of the Code of Criminal Procedure filed by the applicant, Ashok Agarwal. Perused the case-diary.

Brief prima facie facts, as they appear in the case-diary, are that on 7-9-1999 at about 7.40 A.M. when deceased Balveer Singh was going to take bath, two fake persons in police uniform reached over there and told him that there were some arrest warrants against his two sons and they had been called by the Town Inspector, Inderganj Police Station. Meanwhile, two persons, dressed in plain clothes, who were present over there, fired at Balveer Singh, who died instantaneously. ''Dehati-Nalishi'' was lodged at the Police Station, Padav by Smt. Rani Chauhan, widow of deceased Balveer Singh. The investigation was started by the police.

Prima facie, it appears that during the course of investigation, which is still going on and much has to be done in this regard, the name of this accused-applicant figured. There appears to have been professional jealousy between the accused-applicant Ashok Agarwal and the deceased, Balveer Singh, since long; it was to such an extent that they were on inimical terms and sometime back the deceased was also threatened by the accused-applicant that the former would be done to death. It is also prima facie lurking that the accused-applicant was a prime-mover in the incident in question, and at present he has been sending terrorising signals to the complainant party. Thus, prima facie the accused-applicant Ashok Agarwal appears to be seriously involved in the incident in question.

Apparently enough, whether there had been a criminal conspiracy between the accused-applicant and the other of his associates or, for that matter, it was a common intention of the applicant and his associates, it makes hardly any difference. The fact remains that at this initial stage there cannot be any ground for disbelieving the prosecution case as it lurks from the different pages of the case-diary involving the applicant in the incident of murder of Balveer Singh. I am of the view that apart from the other considerations lingering on the merits or otherwise of the case, in a non-bailable offence the nature and gravity of the offence has not to be ignored and lost sight of. Thus, considering the seriousness of the prima facie allegations levelled against the accused-applicant, particularly, at this stage when the investigation is continuing and is very much in progress, I am of the view that, in the interest of justice, he cannot be released on anticipatory bail.

Consequently, the instant application for anticipatory bail is dismissed.