LAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of the Cr.P.C. for grant of bail. Applicant Lakhan was arrested on 20/10/2021 in connection with Crime No.312/2021 registered at Police Station Dhangaon, District Khandwa for the offence punishable under Ss. 341, 294, 323, 307, 506, 34, 302 of the IPC.

(2.) As per prosecution case on 18/10/2021 deceased Praveen was going to his house, on the way when he was passing in front of Kadwaji's house at around 08:00 P.M. applicant Lakhan and co-accused Deepak, Gopal and Mahesh stopped him and abused him. When deceased Praveen objected, co-accused Deepak assaulted him with stone on his head, co-accused Gopal assaulted him with stick and co-accused Mahesh assaulted him with belt, due to which he sustained injuries and fell down. At that time, applicant told to other co-accused persons that kill him. When Indirabai mother of deceased Praveen came to rescue him, applicant Lakhan assaulted her by kicks and fists. Due to the injuries sustained by Praveen in the incident, he died. Thus, applicant and co-accused murdered deceased Praveen.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has falsely implicated in the case. In the FIR lodged by Narayan (an eyewitness of the incident) it is not mentioned that in the incident applicant assaulted deceased Praveen. The only allegation against the applicant is that he assaulted Indirabai, while Indirabai in her statement recorded by the learned JMFC under Sec. 164 of the Cr.P.C., she did not depose that applicant assaulted her, which clearly shows that Police falsely implicated the applicant in the crime. The applicant has no criminal past. He has been in custody since 20/10/2021. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.