High CourtsSingle Bench(2022) 01 MP CK 0169

Kallu vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 31 January 2022

HON’BLE JUDGES
Vivek Agarwal, J
CASE NUMBER
Miscellaneous Criminal Case No.4878 Of 2022

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Judgment

14 paragraphs · 248 words

Vivek Agarwal, J

This is second application filed under Section 438 of the Code of Criminal Procedure, 1973 (for short ""Cr.P.C"") for grant of anticipatory bail to the

applicant, who is apprehending his arrest in connection with Crime No.699/2021 registered at Police Station Bina, District Sagar for offence under

Sections 327, 341, 323, 294, 506/34 of the Indian Penal Code, 1860 (for short (""I.P.C"").

First anticipatory bail application (M.Cr.C No.62271/2021) was dismissed as withdrawn vide order dated 13.1.2022 with liberty to surrender before the

Trial Court & apply for regular bail. There is no change in the circumstances. Affidavit of complainant reveals that applicant is misusing his liberty and

having not been arrested by the police for reasons best known to the police is bringing pressure on the complainant to extract affidavit as has been

filed in piecemeal by the complainant. On merits, this second anticipatory bail is not maintainable.

Superintendent of Police, Sagar is directed to look into the matter & take appropriate action even against the complainant, who is giving affidavit(s) in

piecemeal exonerating the accused. This conduct of the complainant prima facie reveals that either he is involved in blackmail racket or is subject to

blackmailing himself as a result of which he is forced to file affidavit.

Let this matter be investigated by the Superintendent of Police, Sagar and investigation be personally monitored by the Superintendent of Police, Sagar

& report be furnished within 30 days.

Accordingly, this second anticipatory bail application is dismissed.