SUDHIR KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.19/2014 registered at Police Station, Kurwai, District Vidisha, under Sections 364 -A, 307, 323, 147, 148, 149 of IPC and under Sections 25, 27 of Arms Act.

(2.) AS per the prosecution case, the complainant Hemant alongwith Devendra was going to see the work on site on vehicle No.MP -40 -CA -2299. As soon as they reached on the bridge of Ketwan river they saw two vehicles Xylo and Scorpio were parked on the bridge. Some persons were sitting in the vehicles. They came out from the vehicle and pointed gun and gave beating to the complainant. In the meantime the associate of the complainant came, then the persons sitting in the vehicle started firing on them. The driver of the complainant ran away. Thereafter, they thrown the complainant and Devendra in their vehicle and took the complainant and Devendra utp to Bangla Chouraha, where, their mobiles were snatched and thrown. The assailants were discussing that they have to collect Rs.One crore. In the meantime assailants received the telephone that Police has caught them, then they started fleeing away. The Police has chased them and caught hold five persons and thereafter, took them alongwith the complainant and Devendra to Police Station. 2 It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He has not committed any offence. The applicant is the driver of the vehicle. No offence is made out against the applicant. The applicant has gone go Kurwai, where accused persons have fired and got registered a false case. The applicant is in custody since 26.1.2014. Trial will take some time. There is no likelihood of his absconsion, therefore, the applicant be released on bail.