Avadhesh Singh vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first pre-arrest application filed under section 438 of the Code of Criminal Procedure filed on behalf of the applicant-Avadhesh Singh.

The applicant is apprehending his arrest in connection with Crime No.353/2020 registered at Police Station-Shahpura, District Jabalpur for commission

of offences punishable under Sections 294, 307 and 506 of IPC.

The allegation levelled against the applicant in short is that the applicant assaulted the victim by means of a wooden stick and applicant received the

injury. The spleen of the applicant got burst and he was shifted to hospital. By performing the operation, the doctor removed the spleen immediately

and saved the life of the victim, thereafter, the victim lodged a report against the applicant.

Learned counsel appeared for the applicant submits that the applicant has falsely been implicated in this case on the basis of a previous animosity. No

external injury has been found on the body of the victim. The abdomen of the victim was operated for some previous problem and victim has falsely

implicated the applicant in this case, therefore, it is prayed to enlarge the applicant on anticipatory bail.

On the other hand, learned Panel Lawyer for the respondent/State submits that the victim clearly mentioned the name of the applicant, who assaulted

him and during assault he received injury in the portion of the abdomen due to which his spleen got damaged. Doctor opined that there is a grievous

injury in the spleen of the victim, dangerous to the life. All other witnesses also supported the fact that the applicant assaulted the victim by applicant.

After the incidence, the applicant hidden himself and did not appear before the police, therefore, it is prayed to dismiss this anticipatory bail application.

Having heard both learned counsel for the parties. The name of the applicant has been mentioned in the FIR and prima facie it is reflected that the

spleen of the victim got damaged and was finally removed to save his life.

In these circumstances, there are incriminating evidence available against the applicant, therefore, this Court is inclined to extend the benefit of

anticipatory bail to the applicant.

Consequently, this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed on behalf of applicant is dismissed.