DEEPAK AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this Second bail application u/S.439 Cr.P.C for grant of bail. His first bail application was dismissed as withdrawn vide order dtd. 2/9/2022 in M.Cr.C. No. 41899 of 2022.

(2.) I t is the submission of learned counsel for the applicant that he is suffering confinement since 7/7/2022 and charge-sheet has already been filed, therefore, chance of tampering with evidence/witnesses is remote. It is further submitted that alleged incident occurred on 28th of June, 2022 and, immediately thereafter, at PHC, Pre-MLC of the complainant was carried out in which only one injury over his forehead was referred. Thereafter, on 29th of June, 2022, he appeared before the concerned doctor at Gandhi Medical College, Bhopal, where he referred the fact regarding falling from the motorcycle as the cause of injury. Surprisingly, on 5th of July, 2022, dehati nalsi was made in which for the first time, complainant referred alleged incident in such a manner wherein the applicant inflicted injury to him. According to learned counsel for the applicant, medical report belies the allegations and case is fabricated just to implicate the applicant. He does not bear criminal record. Confinement amounts to pretrial detention. Under these grounds, he prayed for bail.

(3.) Learned State counsel opposed the prayer and prayed for its dismissal. Heard learned counsel for the parties at length and perused the documents appended.