PAWAN GIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is first application filed under Sec. 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.155/2023 registered at Police Station Isagarh, District Ashoknagar for the offence punishable under Ss. 326, 323, 294, 506, 34 of IPC. Prosecution case in brief is that on 21/4/2023 at about 12:00 hours the complainant was drinking water at the hand pump situated Panchlana road, the applicant along with other co-accused persons namely Mannu Kewat and Imrat Kewat came there and on previous enmity started abusing him and when complainant objected to it, co-accused Mannu Kewat assaulted him with an axe on his left hand finger due to which he sustained grievous injury. The applicant and co-accused Imrat Kewat assaulted him with wooden stick due to which he sustained injury on his back.

(3.) Learned counsel for the applicant submits that admittedly there was a land dispute between the applicant and complainant. As per prosecution case itself, grievous injury sustained by the complainant was caused by co-accused Mannu Kewat and during his MLC, no injury was found on his back. The applicant has falsely been implicated only due to prior enmity. Trial will certainly take time to conclude therefore, under such circumstances, applicant is entitled for grant of anticipatory bail. Learned Public Prosecutor for the State as well as learned counsel for the complainant have vehemently opposed the prayer and submit that along with grievous injuries found on left hand finger of the complainant, the injuries were also found on the complainant's shoulder. The applicant was very well present on the spot with the co-accused Mannu Kewat. Seizure of the weapons which were used in the crime are required to be seized. Investigation is pending, therefore, the applicant is not entitled to be enlarged on anticipatory bail.