VIJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The complainant A.S.I. Namdev Prasad lodged a complaint with P.S. Sanchi, that while he had gone to execute the search warrant for bringing Gourabai to the P.S. for her production in the court, her brother Vijayaram obstructed and called the applicant as well as some other persons, who assembled there armed with lathi and assaulted the complainant and others. In the incident, it appears that the complainant and some other persons received injuries. The appellant Vijay Singh is alleged to have assaulted Chotelal. On these allegations Crime No. 3!95 for offences punishable under Sections 147, 148, 307, 294, 353, 332, 386, 336, 395, 436. 427/ 149 of I.P.C. has been registered against the accused/applicant and other co-accused.

(2.) Learned Counsel for applicant has mainly urged that the main accused Vijayaram has been released on bail, after his arrest by order dated 19-3-1996 in M.Cr.C. No. 6615/95. It has also been urged that the F.I.R. lodged by the complainant A.S.I. is highly exaggerated and that the only specific part attributed to the applicant is that he assaulted Chotelal. It has been further urged that Chotelal did nut have any external injury, but only complained of pain. It has also been urged that the applicant has not assaulted the police party and he was only by-stander at the time of incident.

(3.) Considering the facts and circumstances of the case, the petition for anticipatory bail is allowed and it is directed that in the event of his arrest the accused appellant shall be released on bail, on his furnishing personal bond in the sum of Rs. 5,000/- (Rupees five thousand only) with one surety in the like amount to the satisfaction of officer arresting him for his appearance before the concerned Court, on all dates of hearing, till the trial is finally concluded.