DEEPAK TOMAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) learned counsel for the complainant. Heard on I.A. No.5933/2019, an application under Section 301(2) of Cr.P.C. for assistance of the prosecution. On due consideration, the same is allowed. Shri Parashar, is permitted to assist the Public Prosecutor in the present case.

(2.) This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehend his arrest in connection with Crime No.407/2019, registered at Police Station-Morar, District Gwalior for the offences punishable under Sections 452, 294, 323, 506, 34 of IPC.

(3.) It is the submission of learned counsel for the applicant that false case has been registered against him. He was staying at hotel Ramutsav, Morar, Gwalior. Due to some service related problem, he raised the complaint before the managment of hotel and therefore, false case has been registered. Since he was customer of the hotel, therefore, ingredients of Section 452 of IPC cannot be made out prima facie. All other offences levelled against the applicant are bailable in nature. He undertake to cooperate in the investigation/trial and would make himself available as and when required. He would not be a source of embarrassment and harassment to the complainant party in any manner. He also undertakes to perform some community services like plantation of trees as well as installation of Water Harvesting System. Therefore, under these undertakings, the applicant may be given the benefit of anticipatory bail.