BANTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant has filed first bail application u/S. 438, Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No. 125/2021, registered by Police Station Civil Lines, District Morena, in relation to the offences punishable under Sections 323, 294, 147, 148, 149 and 307 of IPC.

(3.) It is submitted that applicant has falsely been implicated in the present case and he has not committed any offence in any manner. There is a cross case registered at Crime No. 126/2021 for offences under Sections 307, 294, 323, 147, 148 and 149 of IPC against the complainant party also, wherein the applicant has also sustained severe injuries. He has been referred to Apollo Hospital, Gwalior, where he has been further referred to Medanta, Gurugram, Haryana and one surgery is already being done and another surgery is due to be done within a period of two or three months. It is submitted that it is the case of the free fight between the parties. Both the complainant persons as well as the accused persons have been injured. Firing of gunshots from both the sides have been attributed in both the FIRs which have been registered as Crime No. 125/21 and 126/2021. It is submitted that looking to the condition of the present applicant as he has seriously been injured. At present he is taking treatment in Medanta Hospital, Gurugram, Haryana. It is submitted that as per the statements of witnesses recorded under Section 161 Cr.P.C., wherein it is apparently clear that applicant was bare handed at the place of incident. Severe injuries of gunshot is inflicted to the present applicant in his stomach, for which, he is already taking treatment in the hospital. It is submitted that considering the situation of COVID-19 pandemic, some breathing time should be given to the applicant to take his treatment in hospital.