LAWS(MPH)-2023-11-99

YASH BHOI Vs. STATE OF MADHYA PRADESH

Decided On November 20, 2023
Yash Bhoi Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Applicants have filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.802/2023 registered at P.S. Station Road, District Ratlam (M.P.) for commission of offence punishable under Ss. 147, 365, 327, 323, 294, 506 and 190 of IPC. They are in jail since 7/10/2023.

(2.) As per the prosecution story, on 6/10/2023, complainant Rehan lodged a report at Police Station- Station Road, Ratlam by stating that four days ago, he met with an accident with the bike of Lala Bhoi. Thereafter, the co-accused are giving threats to repair the bike of Lala Bhoi, then complainant repaired the bike of Lala Bhoi. After that applicant No.1 Yash again called the complainant and gave threat to repair his bike also. Complainant repaired the bike of applicant No.1 Yash, due to threat and fear given by the applicant No.1 Yash. Thereafter, when he went to returned back the bike of applicant No.1 Yash, there co-accused persons are also standing. After seeing the complainant, they started abusing him and beating him. Thereafter, they took him in the lonely place near the Anand Big Mall and started beating him, due to which he sustained injuries over the hand, head and other parts of the body and they also threatened him if he discloses the incident to anyone they will kill him. Accordingly, a case has been registered.

(3.) Learned counsel for the applicants submits that applicants are innocent persons and they have been falsely implicated in this matter. Applicants are in jail since 7/10/2023. They are not having any active role in the aforementioned incident. The allegation levelled against the co-accused Lala Bhoi. Matter has been amicably settled between both the parties and victim Rehan pleaded no objection regarding the bail application of the applicants. Applicants are the permanent resident of district Ratlam. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.