BABULAL AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

(2.) The applicant was arrested on 27/12/2021 in connection with Crime No.222/2021 by Police Station Gulabganj, District Vidisha (MP) for the offence punishable under Ss. 294, 323, 324, 34, 506, 325, 326 of IPC.

(3.) As per prosecution story, on 25/10/2021 at 7.30 pm complainant Brijesh lodged a report at Government Hospital, Gulabganj, against present applicant and three others alleging that by driving in his tractor-trolley on his plot, applicant Babulal broke his Bagad (boundary). When the complainant objected, he started abusing him with filthy language. Thereafter from the trolley he took out an axe and assaulted on his head, due to which blood came out. To save the complainant, Bheem Raghuwanshi and Anil Raghuwanshi came, then Chokidar Veeran carrying Farsa, Kannu Ahirwar sickle and elder brother of Veeran Chokidar armed with Lathi came there and started beating them. Veeran assaulted with Farsa on the head of Anil, Kannu assaulted with sickle on left hand of Anil and elder brother of Veeran inflicted Danda blow on the head of Bheem. At that juncture, Chhotu Maharaj and Vishnu Raghuwanshi came and rescued them. On his report, Dehati Nalishi was recorded. Thereafter vide crime No.222/2021 offence under Ss. 294, 323, 324, 506, 34 of IPC was registered. Injured Brajesh, Anil and Bheem were sent for medical examination. Bheem sustained grievous injury as one depressed fracture was found on skull bone. Hence, offence under Ss. 325, 326 of IPC was enhanced. Applicant/accused was arrested on 27/12/2021. After investigation, charge-sheet has been filed.