MOHAMMAD DANISH KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Sec. 438 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of anticipatory bail who is apprehending his arrest in connection with Crime No.34/2022 registered at Police Station Kohefiza, District Bhopal (M.P.) for the offence punishable under Ss. 294, 506, 307, 34 of the Indian Penal Code.

(2.) Learned counsel for the applicant submits that from the case diary it is clear that the incident occurred all of a sudden and there was no premeditation. He further submits that from the injury sustained by the complainant, it is amply clear that no case under sec. 307 of IPC is made out at best case under sec. 323 of IPC can be said to be made out. He further submits that confronting the medical reports initially obtained from the doctors with the subsequent clinical report obtained by the complainant, it is clear that the complainant was bent upon to anyhow bring home the offence under sec. 307 of IPC. He submits that the applicant is ready to cooperate in the investigation and as such, he prays that the present applicant may be released on anticipatory bail.

(3.) Per contra, learned Panel Lawyer appearing for the State opposes the bail application and submits that as per the Computerized Tomography (CT-Scan) report, there was fracture of nasal bone detected.