Madhya Pradesh High Court
Jawahar @ Jawaharlal vs The State Of Madhya Pradesh on 23 January, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:3419
1 MCRC-993-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 23rd OF JANUARY, 2025
MISC. CRIMINAL CASE No. 993 of 2025
JAWAHAR @ JAWAHARLAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sourabh Singh Thakur - Advocate for the applicants.
Shri Ravendra Rajput - P.L. appearing on behalf of respondent/State.
ORDER
This first application under Section 482 of The Bhartiya Nagrik
Suraksha Sanhita has been filed on behalf of the applicants for grant of
anticipatory bail.
2. Applicants are apprehending their arrest in connection with Crime
No.235 /2024 of Police Station-Mandideep, District-Raisen (MP) for
commission of the offences punishable under Sections 452, 323, 294, 427,
506, 34, 325 & 460 of IPC for grant of anticipatory bail.
3. Prosecution story in brief is that at alleged date, time and place
applicant Vishnu Lovanshi broken the gate of complainant by using sabbal.
Thereafter, entered into the house. Other accused persons were armed with
iron pipe, plastic pipe and bamboo stick and they also entered into the house
of complainant. Thereafter, they assaulted injured persons in the court yard
of the house during aforesaid incident. Radha Lovanshi, Aryan Lovanshi,
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Deepansh Lovanshi and Harshita suffered injuries including fracture in
elbow of Radha Bai, fracture in humerus bone of Deepansh. Applicants also
abused injured persons in the name of mother and sister and also threatened
them.
4. Learned counsel for the applicants submits that initially, application
for anticipatory bail was dismissed as withdrawn on 16.12.2024. Earlier
offence under Section 460 of IPC was not mentioned in the FIR and it has
been added later on therefore, present application has been filed. It is also
urged that no incident has occurred inside the house of complainant. Incident
has taken place near the drainage of the house. In FIR, there is no mention
that applicants entered into the house. It is only that injured persons
improved in their statement recorded under Section 161 of Cr.P.C. and
offence under Section 460 of IPC has been added. It is also urged that with
respect to incident dated 15.06.2024, that occurred at about 9 to 9:15,
applicant - Jawahar lodged FIR (Annexure C) against Radha Bai, Harshita,
Aryan and Deepansh. Thereafter, complainant party lodged FIR against
applicants on the next day. FIR number pertaining to report lodged by
Jawahar is 230/24 whereas FIR Number regarding report lodged by
complainant is 235/24. It is also urged that on the date of incident,
complainant was intoxicated and he was abusing applicants. It is also urged
that earlier also, complainant used to abuse applicant's party after
consumption of liquor and with respect to above complaints were also made.
Further, it is also urged that applicant No.1 is aged 74 years and he is under
medical treatment. Further, after referring and relying Mohd.Khalil Chisti
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Vs. State of Rajasthan with Yasir Chisti and Another Vs. State of Rajasthan,
(2013) 2 SCC 541, it is urged that in the instant case, there are cross FIR and
it is a case of free fight, therefore, question of vicarious liability does not
arise. On above grounds, learned counsel for the applicants prays for grant of
anticipatory bail.
5. Learned counsel for the respondent/State has opposed the
application.
6. This Court has examined, the submissions of learned counsel for the
applicants in the light of evidence available on record including judgment of
Mohd.Khalil Chisti (supra) relied upon by the applicants.
7. Having regard to contents of FIR as well as medical evidence on
record, prima facie it cannot be said that applicants have been falsely
implicated in the case. Hence, no case for grant of anticipatory bail is made
out.
8. Accordingly, this anticipatory bail application is hereby dismissed.
(ACHAL KUMAR PALIWAL)
JUDGE
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