ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to F.I.R.

No.386/2023 dated 16.11.2023 registered at Police Station Kymore, District Katni (M.P.) for commission of offence under Sections 294, 323, 324, 506, 34, 307, 302 of IPC. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.

2. As per the prosecution story, on 16.11.2023 at around 1.43 A.M. Ajay Lodhi along with his mother and grand mother appeared at Police Station Kymore and lodged FIR stating that he is a labourer. On 15.11.2023 at around 7 P.M. his real brother Deep Chand Lodhi aged 18 years was not traceable for one and a half hours. At this, Ajay Lodhi along with his uncle went to trace his brother. When he reached in front of Pradeep Pandey's house and asked him that his brother is not traceable, have you seen him. At this, Pradeep Pandey and his son Rahul Pandey started to abuse them. When his uncle asked him not to abuse, they both assaulted them by means of wood stick causing injuries. Ajay Lodhi and his uncle Anand Lodhi sustained injuries on various parts of bodies. In the meantime, when his mother and grand mother came to pacify the matter, Rohit Pandey by means of wood stick and kicks and fists assaulted his mother Geeta Bai and grand mother Silochna Bai causing injuries. Incident was witnessed by Santosh Sahu & Narendra Sahu. FIR was registered. Injured were taken to the hospital. In the course of treatment Anand Lodhi succumbed to his injuries.

3 . Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. There are no allegations against him of assaulting deceased. He had not caused any injury to the deceased. The only allegation against him is causing injuries to Gita Bai and Silochna Bai. Injuries sustained by both of them are simple in nature. It is further submitted that on the same day he too had lodged an FIR about causing voluntarily hurt to him by opposite party at 6.10 P.M. In the present case incident is alleged to have taken place at 7.00 P.M. Therefore, it is prayed that applicant may be released on anticipatory bail.

4 . On the other hand, learned counsel for the State has opposed the prayer for grant of anticipatory bail to the applicant and has submitted that present applicant has actively participated in commission of offence of murder of Anand Lodhi. He is covered by constructive liability under Section 34 of IPC. His act cannot be considered in segregation. It is also the contention of learned Panel Lawyer that applicant is already having criminal background under Section 324 and relevant sections of Indian Penal Code and is absconding for a long time.

5 . Having taken into consideration the gravity of allegations against the applicant & co-accused persons and the fact that he is named in FIR as one of the author of crime, I am of the view that it is not a fit case for grant of anticipatory bail to the applicant.

6 . Consequently, this first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail filed on behalf of applicant -

Rohit Pandey stands dismissed .

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra