SHIVKUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This first application under Sec. 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 8/11/2021 in connection with Crime No.295/2021 registered at Police Station Khaniyadhana, District Shivpuri for offence under Ss. 307, 294, 147, 148 of IPC.

(3.) It is submitted by the counsel for the applicant that according to the prosecution case, the complainant who is an employee of a Contractor was on patrolling in the dam. It was found that some thieves were illegally fishing in the dam and when they were asked not to do so, then the applicant as well as other co-accused persons jumped on to the steamer of the complainant and after assaulting them, threw them in the dam. It is submitted that except Vinod no other person had suffered any external injury. The applicant is in jail for the last about 55 days. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court and the applicant also undertakes to stay away from the dam and would not involve himself in the theft of fishes. This Court has granted bail to the co-accused Brajesh and Gabbar Singh by orders dtd. 23/9/2021 and 22/12/2021 passed in M.Cr.C.No.47123/2021 and M.Cr.C.No.62926/2021 respectively. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.