MPHC orders accused to surrender before the court and apply for regular bail

The Madhya Pradesh High Court dismissed the anticipatory bail plea of the applicant and directed the applicant may surrender before the Trial Court and apply for regular bail.

The applicant Rizwan Khan filed the bail application apprehends his arrest in connection with Crime No.22/2023 registered at P.S. Devnagar, District Raisen for the offence punishable under Sections 353, 186, 506 and 34 of IPC.

The allegation against the present applicant is that he along with other coaccused persons was doing illegal mining and transporting the stones in excess to the limit prescribed in the permit and when officers/authorities tried to stop the dumper, they ran away with the vehicle and thereafter their accomplice hit the forest officers with danda and the present applicant quarreled and threatened the officers from doing their official duty.

It is clear from the aforesaid, that the applicant has not co-operated with
the authorities and in fact tried to stop them from doing their official duty, the court order said.

The bench observed ‘however, as initially the applicant threatened the officials and ran away with the dumper and his accomplice to stop the forest officials from doing their duty used lathi, it is clear that applicant has not co-operated with the forest official, and looking to the conduct a possibility is that he may not co-operate with the authorities in future also’.

‘Under the circumstances, benefit of anticipatory bail cannot be extended to him’, the court said.

This application is accordingly dismissed, the court ordered.

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