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Judgment
6 paragraphs · 369 wordsDevnarayan Mishra, J
This is the secondapplication filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of Cr.P.C., 1973 seeking anticipatory bail in connection with Crime No.19 of 2026 registered at Police Station - Manpur, District - Umariya (M.P.) for the offence punishable under Sections 308(2) of BNS, 2023. Applicant's first bail application i.e. M.Cr.C. No.5935/2026 was dismissed as withdrawn with liberty to surrender before the trial Court and apply for regular bail vide order dated 19.02.2026.
Learned counsel for the applicant has submitted that the applicant is a journalist and he has no previous criminal record. The applicant is a witness against the complainant party in some other case and to take revenge of that, the applicant has been falsely implicated in the case. The offenc is punishable upto 7 years and the applicant has not been served the notice by the police and police is trying to arrest him. Investigation and trial will take time to be concluded, hence, the applicant is entitled to be released on anticipatory bail. application of the applicant and has submitted that the applicant is absconding, therefore, no case of bail is made out, hence, the applicant is not entitled to be released on anticipatory bail. Learned counsel for the applicant has further submitted that the applicant's case is governed under the directions issued by Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar and another,(2014) 8SCC273.
Heard the learned counsel for the parties and perused the case diary.
The applicant has criminal records of 4 cases i.e. registered under the different sections of IPC and Sections 4, 21 of MP Mines and Minerals Act. The first bail application was dismissed as withdrawn vide order dated 19.02.2026 passed in M.Cr.C. No.5935/2026. If the applicant's case comes under the purview of direction issued by Hon'ble Apex Court in the case of Arnesh Kumar (supra),then the police is already liable to issue to the notice to the applicant and not to arrest the applicant.
Hence, no interference of the Court is required and no change in circumstances has been brought on record, thus, this second anticipatory bail application is dismissed.