RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the Second application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to Crime No.228 of 2022 registered at Police Station Saraychhola, District Morena (M.P.) for the offence under Ss. 294, 323, 324, 336, 506(B), 34, 325, 307 of IPC. First application was dismissed as withdrawn vide order dtd. 3/7/2023 passed in M.CrC. No.24898/2023.

(2.) As per prosecution story, the allegation against the present applicant is that he alongwith co-accused persons blows lathi, pharsa etc. on complainant and other injured persons namely, Gajendra, Dharmendra and Deepak in order to commit murder.

(3.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that a cross-case has also been registered on the report of applicant/co-accused persons bearing crime no.229/2022 against the complainant party. Since, it is a case of free fight, therefore, individual act has to be seen. The applicant/accused inflicted lathi blow upon Dharmendra and Deepak who have sustained only simple injury. No specific role has been attributed on present applicant/accused to inflict injury upon Gajendra on his head. The applicant is in custody since 22/5/2023. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The applicant is permanent resident of District Morena (M.P.) and there i s n o possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants.