SHIVAM PARMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.

(2.) The applicant has been arrested on 15/7/2019 by Police Station Daboh, District Bhind (M.P.) in connection with Crime No.159/2018 registered in relation to the offence punishable under Ss. 294, 302 of IPC and Ss. 25/27 of Arms Act.

(3.) Prosecution story, in brief, is that on 8/9/2018 at about 8:00 PM complainant was in his house and Sanjay, Ajay, Rajpal and Sonu were sitting outside his house, at that time Narendra, Pushpendra Singh and present applicant came and started using filthy language, thereafter complainant came outside his house and objected then the applicant and other co-accused persons returned back, but after sometime, applicant and other co-accused came on the roof of their houses and again started using filthy language. Again when complainant objected, co-accused Narendra who armed with firearm with an intention to kill Ajay fired a gun shot causing injury on the forehead of Ajay, who fell down from the roof and thereafter all accused persons have fired the gun shots in the air from their fire arms and fled away from the place of incident. During treatment, Ajay succumbed due to injuries sustained by him. During investigation and after death of Ajay, the police added Sec. 302 of IPC.