BARDIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17/10/2022 in connection with Crime No.386/2022 registered at Police Station Unhel, District Ujjain (M.P.) for commission of offence punishable under Ss. 302, 323 and 34 of the IPC.

(2.) Learned counsel for the applicant submits as per the prosecution case itself the applicant caught hold the complainant and assaulted him only. Admittedly, incident took place all of a sudden therefore, applicant cannot be held liable for the acts of the co-accused persons. Applicant is not at all responsible for the death of Seema Bai. Investigation is completed and charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

(3.) Learned counsel for the respondent/State has opposed the application and submits that the applicant is involved in the crime. He actively participated and assaulted the complainant and assisted co-accused persons in committing the offence therefore, he is not entitled for grant of bail.