Vinod Agrawal vs State Of Madhya Pradesh

Rajendra Kumar Vani, J

This first application filed by the applicant under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail relating to Crime No.808/2025 registered at Police Station Beohari, District Shahdol (M.P.) for the offences punishable under Sections 126(2), 296(a), 115(2), 351(2), 3(5), 118(1), 118(2) of BNS, 2023.

It is submitted by learned counsel for the applicant that despite the direction given by this Court vide order dated 05.06.2026, no X-ray report has been brought on record by the prosecution because there is no any grievous injury caused to the victim rather on the other side the present applicant has sustained grievous injury in his hand and that is also apparent from the impugned order. It is further submitted that there is a cross-case and present applicant is innocent. Since there is no injury which reflects that the grievous injury as defined under Section 320 of IPC has been sustained by the victim therefore the case under section 118(2) of BNS, 2923 is not made out. Rest of the sections are punishable for not more than seven years of imprisonment, therefore, he is entitled to the benefit of law laid down by the Supreme Court in cases of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No.A/5666/III-2-9/40 Pt-I F.No.15 dated 20/09/2023 issued by High Court of Madhya Pradesh, Jabalpur.

Though, learned counsel for the State raised objection, but the request of applicant's counsel is accepted.

The application is disposed of with direction that the Investigation Officer/Trial Court shall ensure strict compliance with the guidelines and directions laid down in cases of Arnesh Kumar and Satender Kumar Antil (Supra) as well as in the light of aforesaid notification issued by High Court of Madhya Pradesh and Para 9 and 10 of judgment of Siddharth vs. State of Uttar Pradesh & Another, reported in (2022) 1 SCC 676 and in the case of Amanpreet Singh Vs. CBI reported in 2022 (13) SCC 764 .

Accordingly, this application is disposed of.

Certified copy as per rules.