SACHIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 10/11/2022 in connection with Crime No.538/2022 registered at Police Station Manpur, District Indore (M.P.) for commission of offence punishable under Sec. 307, 323, 324, 294, 506, 326 and 34 of the Indian Penal Code of 1860 read with Sec. 25 of Arms Act.

(2.) As per prosecution story, on 7/11/2022 at about 06:30 PM, informant Jitendra lodged an FIR by stating that he alongwith his brother Govind went to milk Dairy of co-accused Arun and Sandeep. On the previous dispute, both have abused to Govind, at that time, other co-accused Sachin has gave sword blow on his left leg, Devendra has inflicted knife injury on his head, Arun has caused injury by means of sword on his left hand and Sandeep has inflicted lathi blow on his back and hand. They have caused multiple injuries to Govind. Accordingly, offence has been registered.

(3.) Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 10/11/2022. Investigation is over and charge-sheet has been filed. Co-accused Sandeep, Mahipal and Arun have been enlarged on bail by this Court vide order 9/1/2023, 13/1/2023 and 20/1/2023 passed in MCRC Nos. 599/2023, 1967/2023 and 3313/2023 respectively in the similar circumstances. Cross FIR has also been lodged against the complainant party and present applicant has also sustained grievous injuries and he was admitted in the hospital for the period of more than 10 days. Applicant is permanent resident of Indore district. Final conclusion of the trial is likely to take sufficient long time. He prays that present applicant be enlarged on bail.