BABLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application under Sec. 439 of Criminal Procedure Code, 1973. First application bearing M.Cr.C. No.9823/2022 was dismissed as withdrawn vide order dtd. 6/9/2022. The applicant is implicated in connection with Crime No.530/2021 registered at Police Station Sawer, District Indore (MP) for offence punishable under Sec. 302, 323, 294, 506, 34 of the IPC. The applicant is in custody since 25/10/2021.

(2.) As per the prosecution, on 24/10/2021 at about 10:30 pm Yash, Nikhil, Lucky and Deepesh were going to Ujjain along with one Ravi. When they reached Khandelwal Chouraha, co-accused Santosh abused them and threatened them. Thereafter he assaulted Deepesh with a spade on his head resulting in injury to him. The other persons intrvened but were assaulted by Santosh with stones. As a result of injury caused to Deepash he eventually scummed. The allegation against the applicant is also to the effect that he was along with co-accused Santosh and had thrown stones upon the deceased and others on the basis of which he has been implicated and arrested for the present offence.

(3.) Learned counsel for the applicant submits that all the eye-witnesses to the incident namely, Yaha Malviya, Nikhil and Lucky Malviya have been examined before the trial Court as PW.1, PW.2 and P.W.3 and none of them have supported the prosecution case in so far as it relates to the applicant. Though they have identified co-accused Santosh but have stated that they are not able to identify the present applicant. From the statements of the eye-witnesses the presence of the applicant on the spot has not been established. There is no other independent witness remaining to be examined on the part of prosecution in respect of the applicant. He has been in custody since 25/10/2021 and the trial is still likely to take time for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.