High CourtsSingle Bench(2021) 07 MP CK 0206

Devendra Singh vs State Of MP

Madhya Pradesh High Court · Decided on 29 July 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.37638 Of 2021

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Judgment

14 paragraphs · 234 words

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.220/2021 registered at Police Station Kotwali Distt. Morena for offence under

Section(s) 307, 393/34 of I.P.C and 11/13 of MPDVK Act.

According to prosecution case, three unidentified persons robbed the complainant on show of gun and even injuries were caused to them. The co-

accused has been arrested because of the fact that in the CCTV footage of Closed Circuit Camera installed outside the bank, he was seen.

It is submitted by the Counsel for the applicant, that there is no admissible evidence against the applicant. He has been made an accused on the basis

of confessional statement of the co-accused.

Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted that the applicant has criminal history. Apart from the

present case, two more criminal cases have been registered against him. It is further submitted that there is every possibility that after arrest of the

applicant, some incriminating material may be collected against him. It is further submitted that since the applicant is alleged to have been involved in

the commission of offence. therefore, Test Identification Parade is also an important part of the investigation, therefore, applicant may not be granted

anticipatory bail.

The application fails and is hereby dismissed.