LAWS(MPH)-2023-4-34

LUVKUSH SHRIVAS Vs. STATE OF MADHYA PRADESH

Decided On April 05, 2023
Luvkush Shrivas Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first application moved under Sec. 439 of the Cr.P.C. for grant of bail by the applicant - Luvkush, in connection with Crime No. 83/2023, dtd. 27/2/23 registered at Police Station - Dehat District- Bhind for the offence punishable under Sec. 307 of IPC.

(2.) The applicant is in judicial custody since 27/3/2023 in the aforementioned case. The allegation against him is of attempt to commit murder. He stated to have fired at the complainant, who suffered injury on the non-vital part of his body (below the knee of left leg). Learned counsel for the applicant submits that the site of the injury itself is suggestive that there was no intention to cause the death of victim but only to cause pain to him. The x-ray report also suggest that it is a clean injury and there is no fracture of the bone.

(3.) Under the circumstances, learned counsel for the applicant submits that case may be of only one under Sec. 324/325 of IPC.