IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 9^th OF MAY, 2022 MISC. CRIMINAL CASE No. 19214 of 2022 Between:-

BABLU KAMANI @ ABDUL RASHID S/O SHEIKH RAHMAN A/A , AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST R/O SHUKRAWARI WARD , DISTRICT SAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANIL KHARE, SENIOR ADVOCATE WITH SHRI PRIYANK AGRAWAL, ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH P.S. GOPALGANJ POLICE STATION GOPALGANJ, SAGAR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD SAXENA, GA FOR STATE, SHRI RAJENDRA KUMAR MISHRA, ADVOCATE FOR OBJECTOR )

This application coming on for hearing this day, the court passed the following:

ORDER

Shri Anil Khare, learned senior counsel with Shri Priyank Agrawal, learned counsel for the applicant.

Shri Pramod Saxena, learned G.A for the respondent/State.

Shri Rajendra Kumar Mishra, learned counsel for the Objector.

Applicant has filed this first bail application under Section 438 of CrPC apprehending Signature Not Verified SAN his arrest in connection with the Crime No. 237/2021 under Sections 302, 34 of IPC Digitally signed by TARUN KUMAR and section 30 of Arms Act of police station Gopalganj District Sagar (M.P).

Date: 2022.06.13 10:52:45 IST Learned senior counsel for the applicant submits that applicant is innocent. Co-accused Smt. Nazma Begum and Md. Shami @ Ashraf have been extended benefit of bail by this Court. It is submitted that main accused is Israr Qureshi and allegation on the present applicant is that of exhortation. It is submitted that present applicant has been falsely roped in due to political rivalry and has nothing to do with the present case. Applicant and his wife have written letters to the Superintendent of Police, Sagar about their false implication. Applicant is a councilor from Sukrawari ward, Ward No.12 for last 20 years and have demanded fair investigation. It is submitted that Imran @ Badshah (deceased) was the President of Peeli Kothi Mazaar Trust Committee. Earlier main accused/Israr Qureshi was its Treasurer. Present applicant has nothing to do with the said committee and yet has been falsely implicated. It is further submitted that complainant was not present on the spot when the incident allegedly took place. His wife had made several complaints to various persons but investigating authorities are not carrying out fair investigation and are bent upon to file charge sheet against the applicant. It is submitted that in fact incident took place on 29/07/2021 between 9.20 - 9.30 AM, whereas present applicant had left for Bhopal in his Scorpio Car bearing No. M.P.15 CC.2233 and when he was informed about the incident then he returned back to Sagar. It is submitted that CCTV footage of Toll plaza at about 7.56 AM will demonstrate that present applicant along with eye witness Jishan had left for Bhopal and returned back at 10.41 AM.

Reliance is placed on decision dated 12^th May, 2020 passed in M.Cr.C No.5621/2020 (Balveer Singh Bundela Vs. State of Madhya Pradesh), wherein in para 31 learned Single Bench referring to law laid down in case of Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 73 as well as State of M.P Vs. Pradeep Sharma, (2014) 2 SCC 171 has held that a person who is a proclaimed offender under section 82 and 83 of Cr.P.C loses the sheen on merits to seek anticipatory bail. However it is held that the proceedings under section 82 and 83 of Cr.P.C are transient/interim/provisional in nature and subject to proceedings under section 84, 85 and 86 of Cr.P.C, valuable right Signature Not Verified SAN of personal liberty of an individual at least to seek anticipatory bail cannot be curtailed.

Date: 2022.06.13 10:52:45 IST Therefor, coordinate Bench has held that application under section 438 of Cr.P.C is maintainable. On aforesaid grounds prayed that applicant be released on anticipatory bail.

Learned G.A for the State and learned counsel for the Objector vehementaly opposes the prayer made by learned counsel