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Judgment
This is first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No.84/2020 registered at Police Station-Baikunthpur, District-Rewa (MP), for the offence punishable under Sections 452, 354, 294, 323, 506 of IPC.
The police of Baikunthpur has registered the aforesaid offences bearing crime No. 84/2020 in which it is alleged that the applicant-accused was continuously keep watching on complainant with an intention to outrage complainant's modesty. On 04.04.2020, at around 5.30 P.M. when complainant was at her home, applicant-accused entered in her room and pressed her chest. He told her to accept him otherwise he would die.
Thereafter, complainant pushed him and on that complainant gave a fist on applicant's backside and cried. On her crying, her children, who were playing at the floor, came down. Thereafter, applicant fled away from the spot by abusing her and also threatened with dire consequences. Thereafter,
an FIR was lodged.
Learned counsel for the accused-applicant has submitted that the applicant has been falsely implicated in this case without any material facts. The family of applicant and complainant are well known to each other. Actually the fact is that on the date of incident when applicant woke up in the morning and saw that his wheat crop was destroyed then he went to complainant's home and took her with him said her to tie her cattle properly. The applicant is not having any criminal past. There is no probability of his
Learned counsel for the respondent-State submits that prima facie case is made out under the aforesaid Sections against the petitioner-accused.
Considering the contentions of learned counsel for parties and looking to the fact that some prima facie evidence is available on record, it is not a fit case to grant anticipatory bail to the accused/applicant, but it is also clear that offence involved in the present case are not punishable for more than 7
years of imprisonment, then, in view of the pronouncement of judgment of Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar &
another, (2014) 8 SCC 273, I deem fit to observe that if applicant surrenders himself before police authority, then arrest must be made after satisfying necessary parameters, as mentioned in the judgment of Arnesh Kumar (supra).
Accordingly, this bail application is hereby disposed off.