DIGVIJAY SINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Status report has been received. 1.1 Heard with the aid of case diary. 1.2 This is first application under Sec. 439 of Cr.P.C. for grant of bail. Applicant Digvijay Singh Chouhan was arrested on 16/9/2020 in connection with Crime No.143/2020 registered at Police Station Gorihar, Distt. Chhatarpur for the offence punishable under Ss. 302 read with Sec. 34 of the IPC and Ss. 25/27 of the Arms Act.

(2.) As per the prosecution case, on 11/9/2020 at around 8 p.m., complainant Vinod Singh, his wife Anita Singh, his brother Rakesh Singh, daughter-in-law Meenu Singh and Devdatt Singh were standing outside of his house located at village Thakurra. Applicant Digvijay Singh also present there, he assaulted Devdatt. At that point of time, co-accused Satyendra Singh also came there armed with gun and fired at Rakesh with intent to kill him, due to which Rakesh sustained gunshot injury in his chest and fell down, thereafter, the applicant also assaulted him with lathi due to which he sustained injury in his left wrist.

(3.) Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. The applicant has has no criminal past. Only allegation against the applicant is that the applicant assaulted the deceased with stick, due to which deceased sustained injury in his left wrist but according to the postmortem report that injury was simple in nature. Deceased died due to gunshot injury. There is no evidence on record to show that the applicant had any common intention with co-accused Satyendra, who fired at Rakesh Singh. The applicant has been in custody since 16/9/2020 while trial is still pending and learned trial Court did not record statement of any witness as yet which shows that the conclusion of trial will take time, hence prayed for release of the applicant on bail.