RAMNARESH 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.) Applicant has been arrested on 18/04/2023 by Police Station- Dabra Dehat, District- Gwalior (M.P.) in connection with Crime No.09/2023 for the offence punishable under Ss. 307, 147, 148, 149, 365, 195-A, 341, 294 and 323 of IPC.

(3.) In brief, the prosecution case is that on 08/01/2023 at 10.15 P.M, Saligram Gurjar lodged the report at Police Station- Dabra Dehat, District- Gwalior (M.P.) alleging that on 08/01/2023 at 4:00 PM, when he alongwith his brother- Harkhand and Parmal Gurjar were going from Dabra to Rajiyar by motorcycle and as soon as they reached near culvert of Paita, accused Majbhoot, Raghvendra, Ramniwas Gurjar, Dharmendra, present applicant-Ramnaresh Gurjar, Badam Gurjar, Surendra, Raju, Gurjar, Asharam Gurjar, Rajendra Gurjar, Banti @ Ramhet Gurjar, Narendra @ Pappu Gurjar, Jeetu Gurjar, Babu Singh Gurjar, Rakesh Jatav and Ranveer Singh besieged them and told to make compromise in the case which is pending before C.B.I. Court Indore in which their father died and offered them Rs.20.00 lacs. When they refused for the same, they took them in the field and again offered Rs.30.00 lacs to compromise in the matter and change their statements. When they again denied, they abused them filthily and threatened them to make compromise. They assaulted them by means of sticks. Thereafter, accused- Majbhoot assaulted by means of sickle on his nose. Thereafter, accused- Raghvendra fired gunshot with intention to kill aiming his head but he narrowly escaped. Thereafter, all the accused persons told Dharmendra to kill Harkantha and Dharmendra fired gunshot on Hankantha which hit on his back, due to which, he fell down on the earth. Thereafter, family members of Kamlesh came there and on seeing them, all the accused persons ran away from the spot. On the basis of aforesaid, FIR was registered against the accused persons. Injured was sent for medical examination. Statements were recorded. Applicant/accused was arrested. From his possession, one stick (Lathi) was seized.