PRAHLAD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second repeat application under Sec. 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dtd. 06/04/2022 passed in MCRC No.16096/2022.

(2.) Theapplicant has been arrested on 11/03/2022 in connection with Crime No.99/2022 registered at Police Station Dehat Basoda, Disttrict Vidisha for offence under Ss. 323, 307, 294, 506 and 34 of IPC.

(3.) It is submitted by the counsel for the applicant that according to the prosecution case, on 10/03/2022 some dispute had taken place between injured Ajay and Preetam. At about 6:30 pm he was in his house and injured Ajay standing outside of the house. It is alleged that on the said issue Saurabh, Preetam and the applicant came on the spot. Saurabh was having an iron rod, whereas Preetam was having Farsa and the applicant was having a Lathi and they started abusing the injured Ajay. It is alleged that Saurabh assaulted the injured on his head by the iron rod, as a result, he sustained injuries. It is submitted by the counsel for the applicant that even according to the prosecution case, no assault was made by the applicant. The applicant is in jail from 11/03/2022. The previous bail application of the applicant was rejected mainly on the ground that the main accused Saurabh is absconding, but now he has been arrested. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.