ANAND YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

(2.) Applicant has been arrested on 9/5/2022 by police Station, Bahodapur, Distt. Gwalior, in connection with crime No.620/2021 for the offence punishable under Ss. 307, 294, 506, 120-B, 34 of IPC.

(3.) As per prosecution story, on 25/8/2021 at 4.20 pm complainant Shyamsunder Paliwal lodged a report against accused Lalla Kamariya, Aniket Yadav, K.P. Ghuraiya, Anand Kushwah and one another that today at 9 am he along with Dinesh Sikarwar and Mahesh Sikarwar in the bolero vehicle of his friend Mahesh Sikarwar came to see the plot of his wife situated at Nehru Nagar, in front of Anand Nagar crossing and was standing at the plot, at that juncture, accused Lalla Kamariya came there and objected their coming to the plot. When the complainant replied that said plot is of his wife and he is going to construct house over there, he abused him by saying that " Madarchod Ruk Tu Mai Abhi Tera Makan Banwata Hu " and threatened him. Thereafter when he was talking with Mahesh Sikarwar and Dinesh Sikarwar near bolero vehicle, two persons on motorcycle and two persons on Scooty came by covering their faces and asked who is Paliwal. When the complainant told that he is Paliwal, one person with intention to kill him started firing on him. The complainant hid himself behind the bolero. If he did not hide himself, he would have been murdered. Thereafter by abusing and threatening the complainant, they ran away. At that juncture, Randheer Singh Bhadauria, who was residing nearby, came outside and asked as to who is firing as he sustained one bullet injury in his right hand. His friend Mahesh Sikarwar named the assailants as Anand Kushwah, K.P. Ghuraiya, Aniket Kamariya and one unknown person. On the report of the complainant, crime for the aforesaid offences has been registered. Neighbourer of the complainant Randheer Singh Bhdauriya, who is aged about 73 years, was sent for medical examination. He sustained one gunshot injury on right upper arm. No other person sustained any injury. During identification parade, complainant Shyamsunder could not identify the applicant. The applicant was arrested on 9/5/2022.