ABHISHEK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. With the consent, heard finally.

(2.) 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 18/5/2023 in connection with Crime No.250/2023 registered at Police Station Civil Line, District Datia for the offence punishable under Ss. 307, 34, 147, 148, 149 of IPC and under Sec. 25(1-A) of Arms Act. Prosecution story, in brief is that on 16/5/2023 at about 18:10-18:30 hours when complainant Saumant Singh Dangi along with his cousin Rajeev and brother-in-law Shivam was going towards Galla Mandi on his tractor and reached in front of Maharajpura, the applicant along with Shaksham Sharma, Shivam Pal, Saket Sharma, Mayank Shrivastava and other co-accused persons on previous enmity came there on several motorcycles and tried to stop complainant's tractor and assaulted with firearm due to which witness Kalicharan sustained bullet injury on his leg.

(3.) Learned counsel for the applicant submits that after about one and half hours of the incident, complainant himself lodged an FIR at Police Station Civil Line, Datia wherein it has specifically been stated that only co-accused persons Shaksham Sharma, Shivam Pal, Saket Sahrma and Mayank Shrivastava came on the spot on two motorcycles and fired at him due to which Kalicharan sustained bullet injury on his leg. After lodging of the FIR, complainant in his statement recorded during investigation under Sec. 161 of Cr.P.C. falsely implicated the applicant and stated that he along with other co-accused persons were also present near the spot and tried to stop complainant's tractor and assist the co-accused persons. It has not been stated anywhere that at what time his aforesaid statement was recorded. Injured Kalicharan in his statement recorded under Sec. 161 of Cr.P.C. has nowhere stated the name of the applicant. He has falsely been implicated in the matter only due to previous enmity. The applicant is in custody since 18/5/2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.