LAWS(MPH)-2023-12-11

VIKRAM SINGH GURJAR Vs. STATE OF MADHYA PRADESH

Decided On December 13, 2023
VIKRAM SINGH GURJAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16/7/2023 by Police Station Lateri, District Vidisha in connection with Crime No.234/2023 for the offence punishable under Ss. 302, 147, 148, 149, 294, 323, 324, 506(2) of IPC.

(2.) It is the submission of learned counsel for applicant that applicant is suffering confinement since 16/7/2023 and charge-sheet has already been filed. As per allegation, he inflicted Lathi blow to Pannalal over his head and he sustained minor injury. No direct role is attributable over the applicant except that he inflicted one Lathi blow. Nothing less nothing more. Since, applicant side also filed a complaint against the present complainant side over which an offence vide Crime No.231/2023 (prior in time then the present crime number) for offence under Ss. 323 and 324 of IPC has been registered. This is apparently a case of free fight.

(3.) In the case of free fight individual role is to be seen. Applicant does not bear any criminal record. His role has been referred at later point of time when incident entered into final phase. Confinement amounts to pretrial detention. He undertakes not to be a source of embarrassment and harassment to the complainant side in any manner and would not create any trouble for the complainant. Under these grounds, he prayed for bail.