ASHUTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) Prosecution story, in brief is that, on 29/8/2020 the present applicant and co-accused Akash caught hold the injured Bittu @ Vijendra and thereafter co-accused Akash assaulted the injured by means of falia. The injured sustained injuries on his chest and head. Earlier an FIR was lodged under Sec. 324, 323, 294, 506 and 34 of IPC and Sec. 25 of the Arms Act and the present applicant and co-accused were granted bail. Thereafter, on receiving the medical report, it was found that injured received grievous injuries, therefore, Sec. 326 of IPC was added.

(3.) Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case. It is submitted that without service of notice, the police had filed charge sheet against the applicant, therefore, the applicant was not present before the trial Court. Thereafter, an arrest warrant was issued against him and he was arrested on 6/4/2024 and since then he is in custody. It is also submitted that learned trial Court has granted bail to the co-accused Akash. The case of the present applicant is identical to that of co-accused. Conclusion of trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.