PRIYANSHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant for grant of regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 relating to FIR No 363/2023 registered at P.S-Gandhi Nagar, Indore for the offence under Sec. 307/34 of IPC.

(2.) As per prosecution story, on 25/09/2023 at about 9 - 9-15 am, when complainant Pawan Purohit was returned to home from Medanta Hospital, at that time, present applicant and other co-accused persons intercepted him. Present applicant caught hold of his hand and other accused persons Sagan and Mani stabbed upon him by means of knife, therefore, he sustained injuries over his chest, shoulder, right thigh and again on his right thigh. The complainant lodged FIR at police station - Gandhi Nagar, Indore. Accordingly, the aforementioned offence was registered.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 29/09/2003 Investigation is over and charge-sheet has been filed. Limited allegation has been leveled against him regarding caught hold of the victim person at the time of the incident. He did not cause any injury to the victim. He was not having any arm at the time of the incident. He is not the main accused. Victim was discharged from the hospital on the same day. He is permanent resident of District- Indore. He is not having any criminal past There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.