Order on Board

15.11.2022 Heard.

1) The applicant has preferred this application under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.1220/2022 for the offence punishable under Sections 452, 458, 294 & 323 of IPC, registered at Police Station- City Kotwali, District-Raigarh (C.G.).

2) Case of the prosecution, in brief, is that on 04.08.2022 the complainant Abhinav Sharma lodged a written report against the present applicant to the effect that at about 11 a.m. he entered into house of the complainant & assaulted his wife namely, Shalini Sharma by means of hands and fists, when the complainant intervened, he too was assaulted by the applicant. Thereafter, matter was reported to the police and FIR was registered against the applicant for aforementioned offences.

3) Learned counsel for the applicant submits that the complainant is real brother of the complainant and the complainant and his wife have assaulted the present applicant, therefore, against them FIR was lodged by the wife of the present applicant namely Nisha Sharma for the offence under Sections 294, 506, 323, 452, 458 of IPC, thereafter, as counter blast the case of present applicant, complainant has lodged a false report. He further submits that the applicant is prosecuting his studies in law college and being student, he may be granted benefit of Section

438 of CrPC.

4) Learned State counsel opposes the bail application.

5) I have heard learned counsel for the parties and perused the case diary.

6) From case diary, it appears that written complaint was lodged by the complainant-Abhishek Sharma on 04.08.2022 against the present applicant and same was registered for offences punishable under Sections 452, 458, 294, 323 of IPC. Section 458 of IPC deals with lurking house-trespass by night, or house- breaking by night, having made preparation for causing hurt to any person or for assaulting any person but as per FIR, incident took place on 04.08.2022 at about 11 a.m. in day light, therefore, the offence under Section 458 of IPC is not made out. Further considering the allegation under Section 452 of IPC house trespass after preparation for hurt, considering the fact that there is dispute between the brothers, therefore, it can’t be said that the present applicant entered the house of the complainant with intent to assault him or cause grievous hurt. Complainant Abhishek Sharma had moved anticipatory bail application (MCRCA No. 1256 of 2022) and same has been allowed by this Court, considering the above aspect, the instant MCRCA is allowed.

7) It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- in the like sum to the satisfaction of the concerned arresting officer, he shall be released on bail, on following conditions :-

(a) he shall make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (d) he shall not involve himself in any offence of similar nature in future.