Causing Injury To Police & Snatching Their Rifle Amount To Challenge To Rule Of Law: MP HC Refuses Bail To Man Accused Of Looting ATM
The Madhya Pradesh High Court has dismissed the bail plea of a man who was accused of trying to loot an ATM machine.
The bench of Justice Anand Pathak observed thus while refusing bail "By causing injury to Police Constables and snatching away their rifle amount to challenge to the Rule of Law. They interfered with the functions of Public Servants and used force and deter them to perform their public duties."
As per the prosecution, the applicant and another co-accused tried to cut the ATM machine with gas-cutter and further tried to take away the ATM to cause loot to the money contained in it.
It was further stated that during commission of offence, they were spotted by two constables and in retaliation thereof, applicant and other co-accused caused injury to both the police constables and took away the rifle of constable.
It was also pointed out to the Court that the applicant-accused bears criminal record of 15 cases and possibility of absconding cannot be ruled out if he is released on bail.
Advocate Monica Mishra appeared for the applicant-accused whereas Public Prosecutor Rajeev Upadhyay appeared for the State.
The Court observed that the applicant-accused is inter-state operative and total 15 cases have been registered against him in the States of Haryana, Madhya Pradesh and Maharashtra.
"It appears that he is a habitual offender and he is resident of Rajasthan, therefore possibility of his absconsion cannot be ruled out prima facie.", the Court noted.
The Court observed that when applicant is facing trial and many witnesses are yet to be examined and looking to the fact that applicant is a habitual offender and operates inter-state, therefore, possibility of his absconsion cannot be ruled out.
Thus the Court dismissed the bail plea.
"In the considered opinion of this Court that no case for grant of bail is made out at this stage. Hence, application sans merits and is hereby dismissed.", the Court held.
Cause Title- Arshad Khan v. State Of Madhya Pradesh