BHIM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is 2nd application filed under sec. 439 Cr.P.C seeking bail in connection with crime no.431/2021 registered at police station Deendayal Nagar, Ratlam for the offence punishable u/s 307, 323, 294, 506/34 IPC.

(2.) As per prosecution case, complainant Mohit s/o Ashok Padiyar lodged an FIR on 12/7/2021 that on the said date he was sitting near Krishna Mandir, Deendayal nagar Ratlam along with his friend Pradeep and the accused persons were sitting nearby and consuming liquor. All of a sudden accused Bhim (present applicant) started shouting and abusing him in respect of giving evidence against Raju Boriwal and Aman started assaulting them by fist and legs. Bhim brought a base ball bat and Golu has started wielding a sword under the intoxication condition. Pradeep was assaulted by a base ball bat. He fell down and started bleeding. He was taken to the hospital and thereafter the FIR was lodged.

(3.) Learned counsel for the applicant submits that the only allegation against the applicant is that he had assaulted P.W.-1 by means of baseball bat. Now P.W.-1 has been examined and according to him he fell down during the scuffle with the applicant and sustained head injuries. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.