LAWS(MPH)-2022-3-99

VIPUL KUMAR DWIVEDI Vs. STATE OF MADHYA PRADESH

Decided On March 24, 2022
Vipul Kumar Dwivedi Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the second bail application under Sec. 439 of Cr.P.C filed by the applicant for grant of bail. His earlier application was dismissed as withdrawn vide order dtd. 16/2/2022 passed in M.Cr.C.No.7246/2022.

(2.) The applicant has been arrested on 14/1/2022 in connection with Crime No.16/2022 registered at Police Station Kotwali, District Balaghat (M.P.) for the offence punishable under Ss. 457, 380, 201 & 34 of IPC.

(3.) It is alleged that the applicant has not committed any offence in any manner. He has been falsely implicated in the case. The applicant is in custody since 14/1/2022. Charge-sheet has been filed in the matter on 9/3/2022. Therefore, there is no further requirement of custodial interrogation of the applicant in the matter. As far as criminal past of the present applicant is concerned, he has one more criminal past including this case but it is for minor offences. He has placed reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648, wherein it is held that the criminal past should not be sole ground for rejection of the bail application. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.