BISEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is First application u/S.439 Cr.P.C filed by the applicant for grant of bail. The applicant was arrested on 08/06/2022 in connection with Crime No.113/2022 by Police Station- Karahal, District- Sheopur (M.P.) for the offence punishable under Ss. 302, 201, 294, 323 and 34 of IPC.

(2.) In brief, the prosecution case is that on 07/06/2022 complainant Umesh @ Keriya Bheel lodged a Dehati Nalisi against the applicant and three other accused persons that he alongwith his younger brother had gone to attend the marriage of his cousin brother where some altercation took place between the accused persons and complainant. On that, applicant Bisen and other accused persons namely- Som and Jeetu assaulted the complainant by kicks and fists and when younger brother- Kishna of the complainant came to intervene in the matter, applicant caught hold of him and other accused persons assaulted him by kicks and fists. Thereafter, they took him and threw in the forest. During incident, deceased received injury on his private part, due to which, he died. As per postmortem report, deceased died due to injury received on the private part. Statements of witnesses were recorded and applicant was arrested on 08/06/2022. After investigation, charge-sheet has been submitted.

(3.) Learned Advocate for the applicant submits that applicant is aged 25 years and he has been falsely implicated in the case. Charge-sheet has been filed, therefore, further custodial interrogation is not required in the matter. Applicant/accused is in custody since 08/06/2022 and he is a permanent resident of District- Sheopur (M.P.). There is no likelihood of his absconsion or tampering with the prosecution evidence. Under these circumstances, he prays for grant of bail to the applicant.