BHARAT SINGH KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a repeat (third) application filed under Sec. 439 of Cr.P.C. on behalf of applicant, who is in jail since 24/4/2023 in connection with Crime No. 153/2023, registered at Police Station Kotwali District Raisen for the offence punishable under Ss. 307, 294, 323, 324, 506, 34 and 302 of the Indian Penal Code.

(2.) Learned counsel appearing for the applicant submitted that as per prosecution story applicant was armed with lathi. 12 injuries is said to have been caused to the victim and except one injury all other injuries are incised wound. One injury is a lacerated wound skin deep and that injury could not have been caused by a lathi. Applicant has been falsely implicated in the case as there was previous enmity and complainant has been convicted in another case. In these circumstances, applicant may be enlarged on bail.

(3.) Learned counsel appearing for the State has opposed the bail application and submitted applicant along with other co-accused persons participated in the offence. He was also armed with a lathi. Lacerated wound could have caused by the applicant or other co-accused persons. At present there is eye witness account that applicant was present and he participated in the offence. It is further submitted that as per deposition, 7 witnesses have supported the prosecution case before the trial Court. Reference was also give to deposition sheet. Applicant is also having four criminal records. In these circumstances, prayer is made for dismissal of the bail application.