MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed under sec. 439 Cr.P.C seeking bail in connection with Crime No.76/2022 registered at police station-Suwasra, District- Mandsaur for the offence punishable under Ss. 147, 148, 149, 307, 341, 323, 294 and 506 of IPC and Sec. 25 of Arms Act. The applicants are in custody since 6/3/2022.

(2.) As per prosecution story, on 5/3/2022 at around 08 p.m., Pawan and Manish were on motorcycle and while they were passing near the house of Ramprasad, accused Saddab and Firoz armed with sword, Bulbul and Raees Khan armed with knife and other co-accused along with applicant armed with stick attacked on Pawan and Manish. Saddab inflicted injury on the head of Pawan and Firoz inflicted injury on the head of Manish but they escaped the assault of sword and the arms was collided with road, Bulbul inflicted injury on the chest of Pawan but he saved himself by holding the knife by hand. The present applicants along with other co-accused inflicted injury on the bodies of the injured by sticks. Accordingly, case has been registered against the present applicants and other co-accused persons.

(3.) Learned counsel for the applicants submits that applicants are innocent persons and they have been falsely implicated in this case. The incident was of 5/3/2022 and FIR was lodged on 6/3/2022 and applicants were arrested on 6/3/2022. The investigation is over and charge-sheet has been filed on 3/4/2022. The allegation against the applicants is that they had Lathies in their hand at the time of incident but the applicants did not cause any injury by the Lathies. He further submits that final conclusion of trial will take a long sufficient time, hence, the applicants be enlarged on bail.