KESHAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing. This is the first application under Section 438 of the Cr.P.C filed by the applicants, who apprehend their arrest in connection with Crime No.32/2020, registered at Police Station Surpura, District Bhind, for the offences punishable under Sections 452 , 323 , 294 , 336 , 506 and 34 of IPC.

(2.) It is the submission of counsel for the applicants that applicants apprehend their arrest on the basis of registration of offence referred above on false pretext. Applicants No.1 and 2 are teachers whereas applicant No.3 is working in Indian Army. Relevant documents are part of record. It is further submitted that ingredients of allegation of offence under Section 452 of IPC is not made out because applicants never committed house trespass. Even otherwise, at the instance of applicants, a case under the Atrocities Act has been instituted against the present complainant. Applicants did not bear any criminal record. Confinement would bring professional/personal inconvenience. They undertake to cooperate in trial/investigation and would not be a source of embarrassment or harassment to the complainant party in any manner. They undertake to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. Accordingly, prayer for anticipatory bail has been made.

(3.) Learned counsel for the State opposed the prayer and prayed for dismissal of the application.