DHARMENDRA KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) The applicant has been arrested on 17/3/2023 in connection with Crime No.56 of 2023 registered at Police Station Seondha, District Datia (M.P.) for offence under Ss. 307, 34 of IPC, Sec. 3,4,5 of Explosive Substances Act and Sec. 25(1-A) of Arms Act.

(3.) Prosecution story, in brief is that on 16/3/2023 at 11:30 pm complainant Neeraj alongwith his uncle Ramu and brother Anuj lodged an FIR at Police Station Seondha District Datia against present applicant Dharmendra Kushwah, co-accused Annu Sen, Nishant Rajawat and two unknown persons alleging that in the night at 9 pm, when he came in the courtyard of his house, from the side of the roof of the Mandi Shop, present applicant Dharmendra Kushwah, co-accused Annu Sen, Nishant Rajawat and two unknown persons whom he does not know, with the intention to kill him threw bomb on him but the bomb fell on the tin shed attached with the roof. Due to explosion, tin shed destroyed and owing to sound of explosion, he fell down on the floor due to which he sustained injury on his right hand. Blood started oozing out. He cries. On listening his cries, the neighbour came on the spot and they chased the accused persons but the accused persons fled away from the place of incident. On the aforesaid basis, offence bearing Crime No.56/2023 for the offence punishable under Ss. 307, 34 of IPC, Sec. 3,4,5 of Explosive Substances Act was registered. He was sent for medical examination. Four abrasions were found on his body. Applicant accused got arrested. Statements were recorded. From the possession of present applicant, countrymade pistol and two live cartridges were seized. After investigation, offence punishable under Sec. 25(1-A) of Arms Act was enhanced. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is in custody since 17/3/2023. It is further submitted that no grievous injury has been sustained by the complainant. After investigation, charge-sheet in the matter has been filed and therefore, further custodial interrogation of the applicant is no more required. Conclusion of trial will take time. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. The co-accused person namely, Pawan Kushwah has already been granted bail by this Court by order dtd. 1/6/2023 passed in M.Cr.C. No.22570/2023. With the aforesaid submissions, prayer for grant of bail is made.