High CourtsSingle Bench(2023) 08 MP CK 0069

Dhanesh Kumar Sahu vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 11 August 2023

HON’BLE JUDGES
Vishal Dhagat, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Petition No. 35618 Of 2023

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Judgment

8 paragraphs · 226 words

Vishal Dhagat, J

1.

This is second application filed by applicant under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.282/2023, registered at Police Station-Shahpura, District-Dindori (MP) for the offence punishable under Sections 376, 376(2)(n), 366, 109, 506/34 of the IPC. Earlier application i.e. MCRC No.28094/2023 was dismissed on merits vide order dated 06.07.2023.

2.

Learned counsel appearing for the applicant submitted that main accused in the case has already been released on bail. He is ready to cooperate in trial and will not abscond from law. He is innocent and has falsely been implicated in the case, therefore, he may be enlarged on anticipatory bail.

3.

Learned Government Advocate appearing for the State has opposed the anticipatory bail application.

4.

Heard the counsel for the parties.

5.

Main accused in the case has been enlarged on bail on ground that he was suffering from 75% permanent disability. Case of present applicant is distinguishable and he is a Government servant with criminal record. There is also allegation that applicant was threatening the witnesses of the case despite being a Government servant.

6.

Considering aforesaid facts and circumstances of the case, anticipatory bail application filed by applicant, is dismissed.

7.

A copy of this order be sent to the Department of applicant in which he is working through Investigating Officer.