AAYUSH AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. With the consent, heard finally. This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 9/3/2023 in connection with Crime No.70/2023 registered at Police Station Dehat Basoda, District Vidisha for the offence punishable under Ss. 302, 294, 323, 120-B of IPC and under Sec. 25, 27 of the Arms Act.

(2.) Prosecution story, in brief is that on 8/3/2023 at about 14:00-14:10 hours, applicant Aayush Ahirwar and co-accused Aman and others took the complainant and his cousin Gaurav near Betwa river and thereafter co-accused Aman assaulted Gaurav with knife and caused various injuries. Learned counsel for the applicant submits that as per prosecution case itself at the time of incident, in all eight people went near Betwa river to consume liquor. Thereafter, Shahil and Jitendra went there and quarrel took place between complainant's cousin Gaurav and co-accused Aman and thereafter both of them went to a distance of 25-30 feets away from the place where the complainant and others were sitting. Co-accused Aman assaulted the complainant's cousin. His name was not mentioned by the complainant in his FIR. No overt act has been attributed on the part of the applicant. He has falsely been implicated in the matter. He is in custody since 9/3/2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

(3.) Learned counsel for the respondent/State as well as counsel for the complainant vehemently opposed the prayer and submit that co-accused Aman in his memorandum statement recorded under Sec. 27 of the Evidence Act has specifically stated the name of the applicant. He was involved in the crime. Offences alleged against the applicant are of serious in nature. Heard the learned counsel for both the parties.