HIMANSHU TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under sec. 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.54/2022 for offence punishable under sec. 308, 323, 294 and 34 of the I.P.C. registered a t Police Station - Rithorakala, district Morena (M.P.).

(2.) The allegation against hims is that he accompanied the main accused Dilip Rajawat @ Raju Rajawat and co-accused Raju Rajawat fired a gun shot which injured the complainant of the abdomen.

(3.) Learned Government Advocate for the respondent/State while opposing the application has read out from the FIR and 161 statement of the injured complainant that not a single whisper let alone the allegation as leveled against the applicant herein but for his presence along with main accused. The complainant does not say that the applicant herein either instigated or abetted the main accused in any manner to cause the gun shot injury on the complainant. In fact, nothing is attributed to the applicant herein and but for his presence as stated already hereinabove. Learned Government Advocate further submits that the applicant has previous antecedent. The same may not be relevant in this particular case as no overt act has been attributed to the applicant by the injured complainant. Under the circumstances, the application is allowed.