DHARMVEER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No.383 of 2023 registered at Police Station University, District Gwalior (M.P.) for the offence under Ss. 307, 332, 427, 147, 148 and 149 of IPC and Sec. 3 of Prevention to damage to public property.

(2.) Allegation against the present applicant is that he along with other co-accused persons formed an unlawful assembly and in common furtherance tried to commit murder of injured Mukesh by inflicting injuries.

(3.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Name of the present applicant is not mentioned in the FIR. Role of inflicting injuries to Mukesh on the head by means of iron pipe is not attributed to the present applicant. Further argument is that applicant is in custody since 26/9/2023. After conclusion of Investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant.