Bhau alias Salman Khan vs State Of Madhya Pradesh

This is the first application preferred by the applicant under Section 438 of Cr.P.C. wherein he is apprehending his arrest in a case registered at Crime No.237/2019 at Police Station Physical, District Shivpuri for the offence under Section 354, 354(ga), 294, 323, 506-B/34 of IPC and Section 7/8 of the POCSO Act.

As per the pleadings of the application, cross-case has been registered against the complainant at Police Station Physical, District Shivpuri at crime No.240/2019 for the offence under Sections 323, 294, 506, 34 of IPC wherein the complainant party have beaten the applicant and his family members. False allegations have been levelled against the applicant and therefore, he is apprehending is arrest. Confinement would bring social disrepute and personal inconvenience. As per pleading applicant undertakes to cooperate in investigation and trial and he is ready to abide by all the terms and conditions as imposed by this Court while enlarging him on anticipatory bail.

Representative of Advocate General Office opposed the prayer and submitted that looking to the nature of allegations, contents of FIR and statement of complainant/victim, no case is made out for grant of anticipatory bail.

Complainant/victim herself vehemently opposed the prayer. She submits that for six months, present applicant is harassing her and following her with bad intention. Earlier her family members tried to pacify him by conversation but he did not mend his ways and on 23-10-2019 when she went at Government Complex to address her call of nature, he misbehaved with her and caught hold of her hand. His family is extending threat to the complainant party and false case has been registered against her family members vide crime No.240/2019 immediately after the complaint of present applicant.

Perused the pleadings and case diary.

Considering the submission and looking to the fact that the applicant not only harassed the complainant for many months but also tried to outrage her modesty, therefore, bail application deserves dismissal. It is further clarified that it would be the Station House Officer, Police Station Physical District Shivpuri to take care of the complainant proactively and arrest the applicant immediately so that complainant can move regularly otherwise it would be difficult for her to move freely and independently.

Accordingly, bail application stands dismissed.

Copy of this order be sent to the Superintendent of Police, Shivpuri and Station House Officer, Police Station Physical, District Shivpuri for compliance.