Meharwan Singh Alias Bantu vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

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

The applicant apprehends his arrest in connection with Crime No.130/2023 registered at Police Station Gormi, District Bhind for offences punishable under Sections 308 and 188 of IPC.

Prosecution case in brief is that on 8.5.2023 during Lagun-Faldan of complainant's cousin, the applicant and co-accused started harsh firing due to which Sankar Singh Tomar and Nand Kishore received bullet injuries.

Learned counsel for the applicant submits that applicant's name was not mentioned in the FIR and after about a month he has been implicated in the matter on the basis of application filed by the complainant. Prosecution witnesses in their statements recorded during trial on 9.5.2023 did not mention the name of the applicant which itself shows that the prosecution case against the applicant is doubtful, therefore, the applicant is entitled to be enlarged on anticipatory bail.

Learned counsel for the respondent/State has opposed the prayer and he referring the statement of injured Shankar submits that Shankar has specifically stated in his statement recorded during investigation on 30.5.2023 that along with co-accused Balgopal, applicant had also fired with his gun whose bullet hit him. Other witnesses Shrikrishna @ Pappu, Guddu @ Bihari Singh Tomar, Data Ram Baghel have specifically stated the name of the applicant, therefore, he is not entitled to be enlarged on anticipatory bail.

Heard the learned counsel for the parties and perused the record.

Having considered the rival submissions of both the parties, statement of injured Shankar so also his MLC report, this Court is of the considered opinion that requirement of applicant's custodial interrogation cannot be denied, hence the applicant is not entitled for anticipatory bail.

Accordingly, the application fails and is hereby dismissed.