AWASHTHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicants under Sec. 438 of the Cr.P.C. for grant of anticipatory bail relating to FIR No. 42 of 2024 registered at Police Station Mayapur, District Shivpuri (M.P.) for the offence under Ss. 307, 353, 332, 186, 294, 427, 147, 148, 149 of IPC.

(2.) Learned counsel for the applicants argued that applicants are innocent persons and have been falsely implicated. It is further submitted that applicants are entitled to get benefit of anticipatory bail because cognizance cannot be taken without filing of the private complaint by the concerned officer for offence under Sec. 186 of IPC. The applicants are permanent resident of District Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of their absconsion, if released on bail. On these grounds, he prays for grant of anticipatory bail to the applicants.

(3.) Per contra, learned counsel for the State vehemently opposed the bail application on the ground that FIR against present applicants have been registered under Sec. 307, 353, 332, 294, 427, 147, 148, 149 of IPC also and the applicants are absconding since the date of registration of FIR and custodial interrogation of the applicants is very much needed. It is further submitted that provision of Sec. 195 (1) (a) of Cr.P.C. does not attract in offence under Sec. 307, 353, 332, 294, 427, 147, 148, 149 of IPC. It is further submitted that in view of gravity of offence applicants are not entitled to get the benefit of anticipatory bail. Under these circumstances so also in the light of the fact that prima facie sufficient evidence is available against the applicants in regard to commission of the offence under aforesaid Sec. , no case for grant of anticipatory bail is made out.