SANDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 12/12/2022 in connection with Crime No.538/2022 registered at Police Station-Manpur, District Indore (M.P.) for commission of offence punishable under Sec. 307, 326, 323, 324, 294, 506 and 34 of the Indian Penal Code of 1860 read with Sec. 25 of Arms Act.

(2.) As per prosecution story, on 7/11/2022 at about 06:30 PM, informant Jitendra Lodged an FIR by stating that he alongwith his brother Govind went to milk Dairy of accused Arun and Sandeep. On the previous land dispute, both have abused to Govind, at that time, co-accused Sachin, Devendra and Mahipal came there and assaulted to Govind, Sachin has gave sword blow on his left leg, Devendra has inflicted knife injury on his head, Arun caused injury on his left hand, accused Sandeep has inflicted lathi blow on his back and hand. They have caused multiple injuries to Govind. Accordingly, offence has been registered.

(3.) Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 12/12/2022. Investigation is over and charge-sheet has been filed. Allegation attributed against present applicant is only that he caused injury to Govind by means of lathi, but same injury was not corroborated by the medical evidence. Cross FIR has also been lodged against the complainant party bearing Crime No.569/2022 under Ss. 294, 323, 324, 506 read with Sec. 34 of IPC. Applicant is permanent resident of Indore district. Hence, he prays that applicant be enlarged on bail.