Awdhesh Kumar Mishra And Others vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioners under Section 438 o f Cr.P.C. for grant of anticipatory bail, apprehending their arrest in connection

with Crime No. 332/2021 registered at Police Station Ajaygarh, District Panna (M.P.) for the offence punishable under Sections 323, 294, 506, 452

read with Section 34 of IPC.

Prosecution story in brief is that on 4.7.2021, accused/petitioners abused filthy language to complainant Kamlesh Mishra. Thereafter,

accused/petitioners entered into the house of Kamlesh Mishra and beat her and her daughter by kicks and fists.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. Actually, on 5.7.2021, complainant party

assaulted the family members of accused/ petitioners. The wife of accused/petitioner No.1 Beena Mishra lodged the report vide Crime No.334/2021,

under Sections 294, 506 read with Sec. 34 of IPC was registered against complainant and her family members. Complainant and her daughter were

examined by the doctor, but no injuries were found on their body. It is admitted fact that at the time of incident accused/ petitioners have no weapon,

so no case is made out against them under Section 452 of IPC. Accused/petitioners have no previous criminal antecedent. Other offence is of bailable

in nature. Accused/petitioner No.1 is Govt. servant in Janpad Panchayat, accused/ petitioner No.2 is in private job and accused/petitioner No.3 is an

agriculturist, they are neighbourers of complainant. If the accused/petitioners are arrested, then reputation of accused/petitioners will be tarnished. No

custodial interrogation is required in this case. There is no probability of their absconding or tampering with the evidence of prosecution. On these

grounds, learned counsel for petitioners prays for allowing this anticipatory bail application.

Per-contra, learned GA for the respondent/State and learned counsel for the objector oppose the anticipatory bail application.

Keeping in view the contentions of the learned counsel for the parties and looking to the fact that accused/petitioners have no weapon at the time of

incident, no external injury is found on the body of complainant and her daughter, Crime No.334/21 under Sections 294, 506 read with Sec. 34 of IPC,

is also registered against the complainant party, accused/petitioners have no previous criminal antecedent, accused/petitioner No.1 is Govt. servant in

Janpad Panchayat, accused/ petitioner No.2 is in private job and accused/petitioner No.3 is an agriculturist, they are neighbourers of complainant and

if the accused/petitioners are arrested, then reputation of accused/petitioners will be tarnished, without expressing any opinion on the merits of the

case, considering the role ascribed to the applicant, I am of the view that this is a good case for grant of anticipatory bail. Consequently, it is hereby

allowed.

It is directed that petitioners-Awdhesh Kumar Mishra, Arun Kumar Mishra and Ravi Tripathi will surrender themselves before the Investigating

Officer within 15 days from the date of receipt of certified copy of this order and then in the event of arrest, applicants be released on anticipatory bail

on their furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) each with one solvent surety in the like amount each to the

satisfaction of the Arresting Officer for their appearance for interrogation by a Police Officer as and when required and they shall further abide by the

conditions enumerated in sub-section (2) of section 438 of the Cr.P.C.

M.Cr.C. stands disposed of.

C.C. as per rules.