SURENDRA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with S.T.No.10/13 pending in the Court of Special Judge (Dacoity), Bhind, for the offence punishable under Sections 394, 395, 397 of IPC and Sections 11,13 of the MPDVPK Act.

(2.) AS per prosecution case, the complainant has filed a private complaint alleging that on 5.7.2007 at about 10 p.m. applicant Surendra alongwith 12 co -accused entered in her house. The applicant pointed a gun on her chest and other accused persons gave beating to her father -in -law. Thereafter, they took away licencee guns, jewellery which the complainant was wearing, cash and other jewelleries kept in the house. They also committed loot of utensils and grains kept in the house. The father -in -law of the complainant went to lodged the report, but his report was not recorded, then complaint was submitted to the S.P. The complainant was directed to lodge the report at police Station, Pawai. The complainant went to police Station Pawai where her signature was obtained, but no copy of the report was given to her.

(3.) LEARNED counsel for the applicant submits that applicant has not committed any offence. On the basis of report of Radha Sharma, Crime No.35/07 was registered. However, the complainant has filed a separate private complaint before the trial Court against 13 accused persons, upon which a case has been registered and non -bailable warrant has been issued against the accused persons against which a Criminal Revision No.272/13 has been filed in which the proceedings of the trial Court have been stayed. It is further submitted that in the case arising out of Crime No.35/07 the applicant is on bail and he has not misused the liberty. Hence, prayed for bail.