BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary/challan papers.

(2.) This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.441/2021 registered at Police Station Makdon, District Ujjain (MP) for offence punishable under Sec. 302, 147, 148, 149, 34 of IPC, Sec. 25 of Arms Act. The applicant is in custody since 17/08/2022.

(3.) Counsel for the applicant has further submitted that the applicant was not present on the spot when the incident took place although his name is mentioned in the FIR as the person who was having a gun in his hand at the time of incident and had threatened the complainant party not to intervene when the deceased Ramchandra was being assaulted. It is also submitted that only an air gun has been seized from the possession of the applicant and there is no allegation that he in nay manner participated in the assault on the deceased.