RAMESHVER DHAKAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the parties. The applicants have an apprehension of their arrest relating to Crime No.150/2016 registered at Police Station Bairad District Shivpuri for the offences punishable under Sections 323, 294, 324, 452, 506 and 34 of IPC.

(2.) Learned counsel for the applicants submits that the applicants are reputed citizens of the locality and they don't have any criminal past alleged against them. Except of offence punishable under Sections 324 and 452 of IPC, remaining offences are bailable. It is not alleged against the applicants that they assaulted the victim with a sharp cutting weapon. No common intention of the applicants could be established with the co -accused person Mastram. Under these circumstances, no offence under Section 324 of IPC is made out against the applicant either directly or with help of Section 34 of IPC. There is no allegation against the applicants that they entered in the premises with any weapon and, therefore, prima facie no offence under Section 452 of IPC is made out against the applicants. At the most, offence under Section 451 of IPC may constitute, which is bailable. Police is unnecessarily harassing the applicants for bailable offence. Consequently, the applicants pray for bail of anticipatory nature.

(3.) Learned Public Prosecutor for the State opposes the application.