SURENDRA TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application under section 438 Cr. P.c. for grant of anticipatory hail in respect of Crime No. 87/92 for offences under sections 147, 148 and 307 I.P.C. registered against the applicants in Police Station House, Baikunthpur, district Sarguja, M.P.

(2.) ACCORDING to the F.I.R. lodged by complainant Ashuk Kumar Mehra, Executive Engineer, Puhlic Health Engineering Department, Baikunthpur, 6 or 8 boys came to his residence at about 8.30 p.m. for the purpose of raising donation for organising some cricket tournament. He wanted to know how much donation they expected from him and who was the President of the organisation, which was organising the tournament. Hearing these querries, one of the boy came forward and attacked him with a hockey stick on his head with intent to kill him. The hockey stick was said to have broken into two pieces. He ran towards inside his house, whereupon he was stoned from behind. The name of one Surendra Tiwari, who is applicant No.1 before this Court, was mentioned in the FIR but he was not alleged to be the assailant. The names of other 3 applicants were disclosed by the complainant in his police diary statement recorded on 20/4/92. Here also, it was not disclosed as to who was the assailant.

(3.) THE learned Govt. Advocate also submitted that various other crimes were registered against the applicants Surendra Tiwari, Ajay Singh and Nairn. However, some of the criminal cases were pertaining to preventive measures u/s 107/116 Cr. P.c. while others were pertaining to bailable offences except that under section 506 - B IPC which has been made non -bailable by State amendment. For this reason, pendency of other criminal cases or crimes against some of the applicants cannot be a ground for rejecting their application for anticipatory bail.