High CourtsSingle Bench(2018) 06 MP CK 0005

Ramji Sharma vs State of Madhya Pradesh

Madhya Pradesh High Court · Decided on 4 June 2018

HON’BLE JUDGES
ASHOK KUMAR JOSHI, J
CASE NUMBER
Miscellaneous Criminal Case No.20973 Of 2018

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Judgment

18 paragraphs · 350 words

Appearing counsel for the parties heard on alleged first anticipatory bail application filed under Section 438 of the Cr.P.C. on behalf of the applicant

before this Court in relation to Crime No.305/2017 registered at Police Station Raun, District Bhind in reference to offence punishable under Sections

308, 435, 147, 148, 149, 294 and 506 of IPC and later on added offences punishable under Section25/207 of the Arms Act and the produced case dairy

is perused.

Applicant's anticipatory bail application under the same provision has already been dismissed by First Additional Sessions Judge Bhind vide order dated

22.03.2018 whose certified copy is annexed with the application under consideration.

Appearing counsel for the applicant-Ramji Sharma contends that applicant has been falsely implicated in the relating crime as the allegedly incident

occurred on 20.12.2018 at 23:00hrs, but the FIR was lodged on 22.12.2017 at 18:10 by complainant Bhupendra and it is alleged that several shots were

fired by gun and country made pistol, but no injury was caused to the complainant and later on charge-sheet has been filed in the Court of JMFC

Lahar, District Bhind, hence, it is prayed that benefit of anticipatory bail be given to the present applicant-Ramji Sharma.

Per contra the above-mentioned prayer has been strongly opposed by the Public Prosecutor appearing on behalf of the respondent/State on the ground

that in the anticipatory bail application filed on behalf of applicant it is shown that co-accused Bhure alias Satendra has been granted the benefit of

regular bail under Section 439 of Cr.P.C. by this Court's order dated 18.05.2018 passed in M.Cr.C. No.18202/2018, whereas, present application is

filed for anticipatory bail and it is also mentioned that at police station Raun previously eight other crimes registered against the present applicant Ramji

Sharma.

Considering the rival contentions raised on behalf of the counsel parties, without commenting on the merits of the case, in view of the criminal record

of the present applicant, his case does not appear fit for granting him for anticipatory bail.

Consequently, his anticipatory bail application filed under Section 438 of Cr.P.C. is dismissed. Case diary be returned.