ORDER

This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.562/2022 registered at Police Station kuthala District Katni, for the offence punishable under Sections 452, 323, 392, 364, 324, 294, 506 and Section 34 of IPC.

Counsel for the applicant submits that applicant is in jail since 22/08/2022. She submits that there was some political rivalry between the parties, therefore, false case has been registered against the present applicant and other accused persons. She further submits that offence of Section 452 of IPC is not made out against the present applicant as accused persons were entered into Dhaba and committed marpeet and Dhaba cannot be considered to be a dwelling house. She submits that as per Section 442 of IPC when a person is found in entering into dwelling house then only case of house tresspass is made out and offence under Section 452 can be invoked, but here entering into Dhaba and committing crime is only an offence of Section 451 of IPC which is bailable. Counsel for the applicant has relied upon an order passed by the Rajasthan High Court in Criminal Revision No.258/1963 (Dalchand Vs. State ) and ( Jai Kamal Sahu Vs. State of Assam ), (2004) 2 Gauhati Law Reports 517 and submitted that present applicant may be enlarged on bail. She further submits that date of incident is 21/08/2022 and applicant was arrested on 22/08/2022. According to her MLC was conducted on 30/08/2022 and no recovery was made from the present applicant. She further submits that there is no criminal antecedents against the present applicant. On these grounds, she prays for grant of bail to the applicant.

Counsel for State opposes the bail application and submits that even otherwise case of Section 452 of IPC is not made out against the present applicant but other offence which are registered under Section 364 and 392 of IPC are non-bailable and looking to overall conduct and nature of crime which has been committed by the present applicant and other accomplishes, they are not entitled to be released on bail. He submits that present applicant has past criminal antecedents. One case has been registered against him. He further submits that MLC was conducted on 21/08/2022 but not on 30/08/2022.

Though, there was delay in recording statement of witnesses but from their statement, it is clear that crime of Section 392 and 364 has been committed which are non-bailable. He submits that charge sheet has also not been filed, therefore, at this stage granting bail to the applicant when other accused persons are absconded would not be proper.

Counsel for objector has also supported the stand taken by counsel for State and prayed for rejection of application of the applicant.

Considering the submissions made by counsel for the parties, perusal of case diary and the manner in which offence has been committed, this Court does not deem it appropriate to grant bail to the applicant. Accordingly, the same is hereby rejected.

(SANJAY DWIVEDI) JUDGE sushma