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2020 DIGILAW 1019 (MP)

Manish Alias Yashwant Raghuwanshi v. State Of Madhya Pradesh

2020-10-06

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This first bail application under Section 438 of the Code of Criminal Procedure, has been filed by the applicant apprehending his arrest in connection with Crime No.18/2020 registered at Police Station-Deori, District-Raisen, for the offence punishable under Sections 452, 427, 294, 506 of the Indian Penal Code. 3. Learned counsel for the applicant submits that the complainant is neighbor of the present applicant and there is some misunderstanding carried by the complainant that the applicant had misguided a person who came for taking the house of the complainant on rent and since then, the complainant was looking for an opportunity to take revenge from the present applicant and as such, she lodged a false complaint implicating the applicant falsely. He further submits that at the instance of some political person, the complainant lodged the false complaint against the applicant. He also submits that no material has been produced by the prosecution against the applicant substantiating that he has done the alleged offence, therefore, the applicant may be granted the benefit of anticipatory bail. 4. On the other hand, learned Panel Lawyer for the respondent/State opposes the application and submits that in view of the allegations made in the FIR, it is clear that the present applicant was in a habit of harassing the complainant who is a widow lady and the applicant used to misbehave with her. He further submits that on the date of incident, the applicant entered into the house of the complainant and given her threat to life. 5. After hearing the rival contentions of learned counsel for the parties and after perusal of the case-dairy, I am of the opinion that this is not a fit case in which benefit of anticipatory bail can be granted. Accordingly, the bail application is rejected. 6. However, liberty is granted to the applicant to move a regular bail application before the Court below and if the same is done, the Court shall consider the bail application on the same date on which it is filed.