ASHOK SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a First application under Sec. 439 of the Code of Criminal Procedure, 1973. The applicants are in Jail since 25/11/2021 in connection with Crime No.622/2021 registered at Police Station Kanvan, District Indore for commission of offence punishable under Ss. 147, 148, 149, 294, 323, 327 an 506 of IPC and Ss. 25(1) and 27 of the Arms Act.

(2.) As per prosecution story, on 25/11/2021 when the complainant Rajesh was sitting at his Dhaba situated on Mhow- Neemuch Road, at about 2:45 in the night, two cars stopped at his Dhaba and from the said two car 7 persons stepped down. Out of those 7 persons, two were having guns in their hands. The said persons took tea and snacks. When the said persons were requested to make payment for the said tea and snacks, they started abusing with filthy languages and one of the miscreants called the two others of them as Ashok and Rajusingh and told them to identify himself, upon which, the said two persons told the complainant that he was Brijpal Singh Tomar from U.P. and is a big goon. The servant of the complainant namely Rahul came to intervene, but the said Brijpal Singh slapped him and threatened the complainant that they would blow his shop by bomb. The persons handling the guns pointed the same towards the complainant. The complainant was threatened that he would be killed by bullets. The complainant called the police but the said miscreants fled away from the spot. On lodging report of the incident by the complainant, the aforementioned offences were registered and the applicants were arrested.

(3.) Learned counsel for the applicant contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicants with the aforementioned offence. They are in jail since 25/11/2021 and their further custodial interrogation is not required. The alleged offences are exclusively triable by JMFC. Counsel for the applicants further submits that coaccused Sanjay Singh and Naved have been enlarged on bail vide order dtd. 22/12/2021 passed in M.Cr.C. No.61404/2021 and coaccused Irfan has been enlarged on bail vide order dated 21. 01.2022 passed in M.Cr.C. No.3723/2022, therefore on the ground of parity applicants also deserve to be enlarged on bail. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.