ANNU @ ANURAG SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Section 438 of Cr.P.C. as applicant Annu @ Anurag Sharma apprehends his arrest in connection with Crime No.142/2019 registered at Police Station Umraoganj, Distt. Raisen (M.P.) for the offences punishable under Sections 307, 323, 294, 506, 341 and 427 of the IPC.

(2.) A s per prosecution case, on 3/11/2019 complainant Rohit Sharma lodged a report averring that his tire puncture shop is in Kharwai, his house is next to Danny Sharma's Dhaba. At 10:45 am, when he was going from his house to his shop by motorcycle, on the way in front of Kanhaiya SharmaÃ-¢Ã‚€Â™s shop, he saw that applicant Annu @ Anurag and coaccused Rameshwar Sharma, Chunni Sharma and Abhishek Sharma were standing there and were arguing with Danny Sharma and his father Teerath Sharma and abusing them. He rescued them and took them in their house. Thereafter, when he was again going to his shop, on the way applicant Annu @ Anurag and co-accused Rameshwar Sharma, Chunni Sharma and Abhishek Sharma stopped him in front of Kanhaiya Sharma'€™s shop and assaulted him by sticks. Co-accused Rameshwar and Chunni assaulted him by stick on his head and applicant Annu @ Anurag assaulted him by stick on his left hand and co-accused Abhishek also assaulted him by stick due to which he sustained injuries. On his shouting, Danny, Raju, Ravi, Naresh Sahu and others came and rescued him. They also assaulted Raju due to which he also sustained injury. On that, police registered Crime No.142/2019 at Police Station Umraoganj, Distt. Raisen (M.P.) for the offences punishable under Sections 307, 323, 294, 506, 341 and 34 of the IPC.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. In the incident, complainant Rohit and other persons assaulted applicant Annu @ Anurag and co-accused Rameshwar, Chunni and Abhishek due to which they sustained injuries and on the report of Kanhaiyalal, police registered Crime No.141/2019 for the offence punishable under Sections 147, 148, 149, 427, 307, 323, 294 and 506 of the IPC against complainant Rohit and other co-accused persons, to counter that case Rohit lodged a false report against the applicant. He has no criminal past. He further submitted that the injuries allegedly sustained by complainant Rohit and Raju were simple in nature, so no offence under Section 307 of IPC is made out against the applicant. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant pray for anticipatory bail.