BONY Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the Second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. First application has been dismissed as withdrawn.

(2.) Applicant has been arrested on 7/8/2021 by Police Station, Janakganj, Distt. Gwalior, in connection with Crime No.603/2021 for the offence punishable under Ss. 302, 147, 148, 149 of IPC and Ss. 25, 27 of the Arms Act.

(3.) As per prosecution story, on 3/8/2021 Raheesh Khan gave an information at police Station, Janakganj, Gwalior, that he is doing the job of painting. Today at 9 pm Girdhari Kushwah, owner of Tulsi Marriage Garden, informed him that his brother Hameed was killed by some unknown person and his dead-body was lying in tin shed of marriage garden. Afterwards he along with his brother Sameer, father Ajmeri reached there and saw that dead-body of Hameed was lying in a pool of blood below tin shed in the corner. There were injuries over his body. His father told him that on 2/8/2021 at 2 pm Sunil came to the house and told that Manoj Rathore and Arvind Rathore called him. Two days back deceased Hameed had a quarrel with Manoj Rathore. He suspected that Arvind Rathore and Manoj Rathore due to animosity killed him. Merg under Sec. 174 of Cr.P.C. was recorded and FIR bearing crime No.603/2021 was registered for the offence punishable under Sec. 302/34 of IPC against Manoj Rathore and Arvind Rathore. Postmortem was conducted. As per the postmortem, deceased died due to head and chest injuries. Death is homicidal. During investigation, statements of Ashik Khan and Hameed Khan were recorded. They alleged that accused Manoj Rathore, Arvind Rathore, Nitin Rathore, Sunil Razak along with present applicant Bony were engaged in scrimmage with the deceased. Meanwhile, Manoj Rathore took out country-made pistol and fired on the deceased, due to which he fell down. Thereafter, present applicant Bony assaulted with hammer on the deceased and then Nitin Rathore, Arvind Rathore and Sunil Rajak took hammer from applicant Bony and assaulted on the deceased. At the behest of applicant/accused, blood stained clothes were seized. He was arrested on 7/8/2021. After investigation, charge-sheet has been filed.