AI Structured Summary
Not yet generated for this judgment
Judgment
G.S. Ahluwalia, J
This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.213/2021 registered at Police Station Civil Lines Distt. Morena for offence under
Section(s) 452, 323, 294, 506 of I.P.C.
It is submitted by the Counsel for the applicant, that the FIR in question has been lodged by way of counterblast to the FIR lodged by the complainant
for offence under Section 323, 504 IPC. The allegations of committing house trespass and assaulting the complainant is false.
Per contra, the application is vehemently opposed by the Counsel for the State as well as complainant. It is submitted that it is incorrect to say that any
FIR was registered against the complainant party on the report lodged by the accused. Infact, it is clear that on 15.06.2021, the accused party made a
complaint to the police and the said complaint was treated as non-cognizable offence. It is submitted that when the police had not registered offence
against the complainant party, then there was no occasion for them to lodge FIR by way of counterblast. On the contrary, it is submitted that it
appears that some dispute had taken place between the complainant and the accused party and by way of revenge, the accused party not only
committed house tress pass but also assaulted the injured person. From the X-ray report of Jagvan Singh Parmar, it is clear that he has suffered
fracture of distal phalanx of right thumb.
Considering, the totality of the facts and circumstances of the case, this Court is of the considered opinion that it is not a fit case for grant of
anticipatory bail. The application fails and is hereby dismissed.