AKHTAR HUSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri B.D. Jain, Advocate for the complainant. Heard on I.A.No.10054/14 which is an application under Section 301(2) of Cr.P.C., seeking permission to assist the public prosecutor. In view of the averments made in the application, it is hereby allowed. Shri Jain, learned counsel for the complainant is permitted to assist the public prosecutor. Further heard on bail application. Case has been perused.

(2.) This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with crime No.184/2014 registered at Police Station Kotwali Sheopur, District Sheopur for the offence punishable under Sections 452, 323, 294, 427, 506/34 and 394 of IPC and under Section 11/13 of M.P.D.V.P.K. Act.

(3.) As per prosecution case, the incident has occurred on 03 -07 -2014 at about 10:30 pm. FIR was lodged by Jitendra Singh against present applicant, Ballu and Rizwana alleging that when he was sitting in his office all of a sudden accused persons after committing house trespass entered into the office, he was assaulted saying by why you were demanding due fair money. Entire furniture of the office was damaged and after giving threatening of life they fled away from the spot. Prayer for bail was made on the ground that initially the offence was not registered under Section 394 of IPC and under Section 11/13 of MPDVPK Act, therefore, applicant was enlarged on bail from the Court of CJM, Sheopur as mentioned in the impugned order dated 27 -11 -2014. Thereafter, false and concocted story was prepared and case for the offence under Section 394 of IPC and under Section 11/13 of MPDVPK Act has also been registered. It is also submitted that there is no evidence of misuse of liberty of bail granted to the applicant. Apart that, in fact to outrage the modesty of Rizwana she was assaulted by the complainant. Prompt report was lodged by her, prior to registration of present case, which was registered at crime No.183/2014 for the offence punishable under Sections 354 and 323 of IPC at the same police station. This false FIR has been lodged by the complainant in counter -blast of aforesaid FIR lodged by Rizwana.