RAM SINGH BAGHEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. This is the first bail application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail.

(2.) The applicants are apprehending their arrest in connection with Crime No.46/2016, registered at Police Station Goraghat District Datia for the offence punishable under Sections 147,452, 294, 323, 506 of IPC.

(3.) The learned counsel for the applicants / accused submits that as per allegations in the FIR there was a dispute with regard to irrigation of agriculture land, as a result, it is alleged that the applicants had assaulted to complainant with kick and fists. It is further submitted that there is no allegation that the applicants / accused persons were carrying any weapon to assault or cause injury or wrongfully restrain the complainant or his family members. Under such circumstances, no offence under Section 452 of IPC is made out in the case and at the most offence under Section 451 of IPC is made out, which is bailable offence. More over, the other offences are under Sections 147, 294, 323 and 506 of IPC are bailable. Therefore, the applicants be granted the benefit of anticipatory bail.