(1.) This is first application under Sec. 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.26/2023 registered at Police Station - Makdon, district Ujjain (M.P.) under Ss. 386, 387, 307, 323, 294, 506 and 34 of IPC.
(2.) As per prosecution case, on 14/2/2023 complainant Arjun lodged FIR that he runs a grocery shop at home. At about 5.00 p.m. Dhansingh and Bherusingh came at spot by car and they demanded Rs.5,000.00. When he denied, they started abusing in filthy language and Bherusingh caused gunshot fire at his father. Thereafter applicant along with other co-accused persons persons came at spot and started beating by kicks and fists.
(3.) Counsel for the applicant submits that as per prosecution story, there is no allegation of extortion against the present applicant and further the gun shot fire was done by Bherusingh. The only allegation against the applicant is that he had beaten the complainant with kicks and fists. Applicant is in jail since 12/2/2022 and conclusion of trial will take sufficient long time. In these circumstances, the applicant be released on bail.