VENUS GOYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since the application is being heard finally, the IA No.5192/2017 has turned infructuous and is dismissed accordingly. Heard the learned counsel for the parties and perused the case diary.

(2.) This is an application under Section 438 of CrPC for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No. 267/2017 registered at Police Station Karera, District Shivpuri for the offence punishable under Sections 147, 149, 189, 294, 353, 436, 115, 504, 506 of IPC.

(3.) Learned counsel for the applicant submits that the applicant is a President of Block Congress, Karera. He has been falsely implicated in the case because of political rivalry and prima facie no offence under Sections, 353, 436 and 115 of IPC is made out against the applicant. It is alleged that the applicant was participating in the agitation of a group of people organized by the Congress Party against the atrocities committed upon the farmers in district Mandsaur. In the aforesaid rally when the effigy of Chief Minister was burnt symbolically then the Town Inspector of Police Station Karera, Sanjeev Tiwari, malafidely directed the pipe of fire brigade vehicle toward the co-accused Shakuntala Khateek, who is a sitting MLA, and as a result thereof, she was doused and Administration has done this Act deliberately. The aforesaid action has been repeated three times creating a very awkward situation of her. In this regard, immediately complaint was made to the higher authorities of the police to take appropriate action but no action was taken against the responsible officers. It is further submitted that the incident is said to have occurred on 8.6.2017 at 13.15 hours and the report is lodged on 12.6.2017 at 23.39 hours and there is no explanation of delay in lodging the FIR. The applicant is a reputed citizen and if he is arrested, it will disrepute him. The applicant has no criminal past and he is ready to cooperate with the investigation agency. In these circumstances, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.