RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first bail application under Section 438 of Cr.P.C. preferred by the applicant for the alleged offences registered at Crime No.333 of 2019 at Police Station Khaniyadana District Shivpuri for the offences punishable under Sections 354, 323, 294, 34 of the IPC.

(2.) It is alleged by the counsel for the applicants that applicants have been falsely implicated in the case. They have not committed any offence in any manner. It is submitted that before registration of present case earlier FIR at Crime no. 332/2019 was got registered by the applicant under Secs. 323, 294, 506 and 34 of the IPC. It is submitted that complainant has got registered the present criminal case as counter-blast to the FIR registered by the applicant against the complainant party. The complainant as well as applicants are residing beside each other. It is submitted that over some issue incident has taken place. Injuries inflicted are simple in nature. It is submitted that applicant no. 2 is wife of applicant no. 1. They are ready to cooperate in the investigation and comply with all the conditions which may be imposed by this court. He has relied upon the order passed by Hon. Supreme Court in the case of Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, and prayed for anticipatory bail.

(3.) Per contra State counsel has opposed the application by stating that investigation is pending in the matter. They have actively participated in the commission of offence. On these grounds, he prayed for bail.