IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 18^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 54172 of 2022 BETWEEN:-

1. PRATHAM NAYAK S/O SHRI SHRIKANT NAYAK, AGED ABOUT 18 YEARS, VILLAGE SUNGRAHA P.S. AND TEHSIL GUNOUR DISTRICT PANNA (MADHYA PRADESH)

2. DEEPESH NAYAK S/O SHRI AWADH PRASAD NAYAK, AGED ABOUT 29 YEARS, VILLAGE SUNGRAHA POLICE STATION AND TEHSIL GUNOUR DISTRICT PANNA (MADHYA PRADESH)

3. AADESH NAYAK S/O SHRI AWADH PRASAD NAYAK, AGED ABOUT 26 YEARS, VILLAGE SUNGRAHA POLICE STATION AND TEHSIL GUNOUR DISTRICT PANNA (MADHYA PRADESH)

4. KARRU NAYAK @ KRISHNA LAL NAYAK S/O SHRI JHANNI PRASAD NAYAK, AGED ABOUT 50 YEARS, VILLAGE SUNGRAHA POLICE STATION AND TEHSIL GUNOUR DISTRICT PANNA (MADHYA PRADESH)

.....PETITIONER (BY SHRI VISHAL DANIEL, ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION HOUSE GUNOUR PANNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI Y. D. YADAV, GOVT. ADVOCATE )

This application coming on for admission this day, the court passed the following:

ORDER

Signature Not Verified Signed by: AMITABH This first application under Section 438 of Cr.P.C. has been filed on behalf of the applicants for grant of anticipatory bail.

Applicants apprehending their arrest in connection with Crime No.

346/2022, registered at Police Station - Gunour, District - Panna (MP) for commission of the offences punishable under Sections 455, 323, 506, 147, 148 of IPC have knocked the portal of this Court for grant of anticipatory bail. As per the prosecution story on 9.10.2022, Guljari Kushwaha submitted an application in writing before Police Gunnour, District Panna, alleging that his sister is living with Naman Nayak, due to which Nayak Samaj is having enmity with him and over that enmity on 09.10.2022 at around 8.30 a.m. when he was at his home, Anshu Nayak, Bholu Nayak, Kuldeep Nayak and Shivam Nayak armed with lathies trespassed into his house and started to beat him by means of rod and clubs, incident was witnessed by his daughter-in-law Meena, Videsh and Rajkumar. To escape from the beating, when he fled away from his house, Pratham Nayak, Bade Munna Nayak, Bablu Nayak, Anuj Nayak, Shanker Prasad Nayak, Deepesh Nayak, Aadesh Nayak and Karru Nayak who were standing outside his house chased and abused him. They also threatened him to eliminate. Incident was witnessed by Chhute Raja. On basis of complaint in writing, an FIR was registered.

Learned counsel for the applicants has submitted that applicants had not entered into the house of Guljari. There is no allegation against the present applicants about causing voluntary or grievous hurt to Guljari Kushwaha therefore, even if all the allegations are accepted as true, no offence under Section 455 of IPC is made out. Allegations are only against Anshu Nayak, Bholu Nayak, Kuldeep Nayak and Shivam Nayak. It is further submitted that no case under Section 455 of IPC is made out as these persons did not trespass Signature Not Verified Signed by: AMITABH into the house of Guljari Kushwaha. Applicants have no criminal background.

Learned counsel for the applicants further submitted that on 9.10.2022 a free fight had taken place between two parties and that day Kuldeep Nayak had also lodged an FIR against Guljari Kushwaha, Hakke Kushwaha, Kallu Kushwaha, Suklal Kushwaha, Rajendra Kushwaha and Ramdeen Kushwaha for abusing and causing injuries to him by means of knife, kicks and fist. As free fight had taken place between the two parties the present applicants against whom no allegations of trespassing or causing voluntarily hurt has been made, are entitled to be released on anticipatory bail as all the offences except under Section 455 of IPC are bailable offence.

On the other hand, learned counsel for the State has opposed the grant of anticipatory bail to the applicants and has submitted that the case of the applicants cannot be separated from the case of co-accused persons.

Therefore, they be not released on anticipatory bail.

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