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2022 DIGILAW 1457 (MP)

Rajguru Mishra v. State of Madhya Pradesh

2022-12-08

SANJAY DWIVEDI

body2022
JUDGMENT Sanjay Dwivedi, J. - This is first application on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of bail. 2. Applicant is apprehending his arrest in connection with Crime 843/2022 registered at Police Station Kotwali Sidhi, District Sidhi for No. the offence punishable under Sections 307, 147 and 148/34 of IPC. 3. Counsel for the applicant by filing this anticipatory bail application is trying to establish that at the time of incident applicant was not present on spot but he was somewhere else. He submits that he has filed certain documents and material to substantiate his presence at some other place. 4. However, Shri Shroti, counsel for the State submits that parallel inquiry with regard to ascertaining the presence of the present applicant at some other place cannot go on simultaneously. 5. Shri Prajapati, counsel for the objector has also supported the submission made by learned counsel for the State and submits that applicant is not entitled to get the benefit of 438. 6. Considering the submissions made by counsel for the parties and perusal of the record, I am also of the opinion that it is not a fit case in which benefit of 438 can be granted to the applicant at this stage. However, applicant can produce the material before the investigating officer who can ascertain this fact because fair investigation is the prime requirement of law. If that is done and finding comes by the investigating officer then only bail application of 438 can be considered by the Court but at this stage, I am not inclined to form any opinion on the basis of documents and material filed by the present applicant. 7. Bail application is accordingly rejected with the aforesaid liberty that if any development took place, he may revive the application.