SAHIL KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 315/2022 registered at P.S - Panwasa, Ujjain , District- Ujjain (M.P.) for commission of offence punishable under Ss. 341,307,353,324,294/34 of IPC As per prosecution story, On 20/08/2022, The complainant Aftab with his' friend' Vijay has gone to see the matki program on the festival of Janmashtmi, where accused persons had also come .

(2.) The complainant had some arguments with the accused persons due to earlier dispute. At around 1:00 am at night when the complainant and his friend vijay is returning to home, The accused - persons arrived and blocked their way and started abusing the co accused Vilan and. Vishal inflicted knife injury to the injured Vijay due to which he sustained injuries ~ on head .and. hand accused Sahil hit him with the stick. On the basis of above information 'offence has been registered against the applicant along with the: co - accused persons at PS Panwasa, Dist Ujjain Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. No specific allegation of causing injury has been made out against him, but only omnibus allegation of beating with stick has been made against him. The victim has been discharged from the hospital. The injuries are simple in nature. The applicant has no criminal background. Applicant is in custody since 22/08/52022. He is 19 years young boy. He is permanent resident of District- Ujjain . There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

(3.) Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the role attributed to present applicant is very limited; alleged he did hit the victim with stick and other other co-accused persons were having knife and gave blow of knife to the victim; the applicant has no criminal background; he is 19 years young body; he is in custody since 22/08/2022' investigation is almost over, therefore, no further custodial interrogation of the applicant is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused/applicant on bail.