LAWS(MPH)-2023-12-46

SANJEEV Vs. STATE OF MADHYA PRADESH

Decided On December 14, 2023
SANJEEV Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This first bail application has been filed by applicants under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.763 of 2023 registered at Police Station Aron District Guna (M.P.) for an offence punishable under Sec. 458, 294, 323, 324 , 506, 34 and 459 of IPC. Applicants are in judicial custody since 7/11/2023.

(2.) As per the case of prosecution, Hemlata Sharma admitted at Civil Hospital Aron Distt. Guna reported to Head Constable Sunil Raghuvanshi of PS Aron that on 7/11/2023 around 5 in the morning, she reached her home at Aron. She saw that her neighbour Purushottam Kasera was depositing bricks infront of her gate. She objected, so Purushottam started abusing filthily. Thereafter, Purushottam, his sons Bhagwan Kasera, Dileep Kasera and Saurabh Kasera armed with wooden sticks and iron rods entered her house and assaulted her, her husband Sanjay Sharma and other family members Ashutosh, Saksham and Sushila. They sustained injuries. Bhagwan Kasera assaulted Sanjay with lathi on his right hand and right thigh. Accused Saurabh Kasera assaulted Ashutosh with lathi and accused Sanjeev alias Banti assaulted Saksham with iron rod on his head. Rachna and Rajiv Kasera also joined in the assault. On such allegations, PS Aron registered FIR for offence punishable under Sec. 458, 294, 323, 324 , 506, 34 and 459 of IPC. Further offence U/s 459 of IPC was added. Injured were forwarded for medico-legal examination. Fracture of metacarpal bone of Ashutosh was found in X-Ray examination. Statements of witnesses were recorded. Applicants Sanjeev and Saurabh were arrested on 7/11/2023. One iron rod was recovered at the instance of applicant Sanjeev alias Banti and one lathi was recovered at the instance of applicant Saurabh. Investigation is underway.

(3.) Lear ned Counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants are falsely implicated in this matter for the reason that they are related to Purushottam Kasera. Minor altercation over placing of bricks in front of the gate was converted into physical assault between both the parties. Both the parties have sustained injuries. Purushottam Kasera also lodged report to PS Aron on the same day.