MANISH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application for grant of anticipatory bail under Section 438 of the Cr.P.C. for offence under Sections 302, 323, 294, 506, 34 of the IPC in connection with Crime No.07/2020 for the offences punishable under Sections 302, 323, 294, 506 of the IPC registered at Police Station Pathariya, District- Damoh (M.P).

(2.) Learned counsel for the applicant submits that applicant has been falsely implicated by the prosecution. As per prosecution story, Rajesh Singh was assaulted by certain persons when he was under the influence of liquor on 15.12.2020 at around 10 pm. The assault is allegedly made by using the body parts, kicks and fists. FIR was lodged belatedly on 4.1.2020. Rajesh Singh was admitted in the hospital and dying declaration was recorded on 30.12.2019 whereby he categorically deposed that two sons of Santosh Rajak, namely Deepak and Raja and two sons of Bindu Harijan assaulted him by fists and kicks. The name of present applicant is not there. This Court has already granted bail to the another co-accused Vinay Kumar Rajput in M.Cr.C.No.13990/2020. The applicant has no criminal antecedents. He will cooperated with the investigation and will not influence the witnesses and material in any manner. He may be given the benefit of anticipatory bail.

(3.) Shri Bhatnagar, learned P.L. opposed the bail application. This Court in the case of Vinay Singh Rajput recorded as under: