MOHAMMAD ASLAM Vs. STATE OF C G

JUDGEMENT

(1.) This is the first Application filed under Section 439 of CrPC for grant of bail to the Applicant who is in jail since 26.10.2013 in connection with Crime No. 555/2013 registered in Police Station - Bhilai Nagar, Distt. Durg, for the offences punishable under Sections 147, 148, 149, 302, 307, 324, 427 of IPC. As per the Prosecution, allegation against the Applicant is that the Applicant along with other accused persons is said to have assaulted one Prince alias Hardeep on 25.10.2013 at about 10 p.m. A report in this connection was lodged immediately on the same day.

(2.) Learned Counsel for the Applicant submits that in all there are Eight accused persons and that from the statements of the accused persons the only piece of allegation that is made against the Applicant is that the Applicant had accompanied the accused persons on a motorcycle and while the other accused persons were fleeing from the area it was again the Applicant who had taken them on a motorcycle.

(3.) These facts are also not disputed by the learned Counsel for the State on perusal of the case diary. However, the learned Counsel for the State categorically makes a statement that the statements of the witnesses show that the present Applicant had come on a motorcycle along with other accused persons and thereafter the main assault to the deceased, Happy alias Malkeet Singh, was inflicted by three of the main accused, namely, Suraj, Amit and Ajay, on account of which the deceased died and that there was no active role played in the assault by the present Applicant causing other injury or any other overt-act on the part of the present Applicant.