VEERU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.305/2023 dtd. 9/10/2023 registered at Police Station Patera, District Damoh for the offences under Ss. 294, 323, 324, 326, 506 and 34 of Indian Panel Code.

(2.) The counsel for the applicant submitted that applicant has been falsely implicated in the crime in question. The applicant is in custody since 18/12/2023. As per the case of the prosecution, the allegation is levelled against the father of the applicant namely Jainarayan Tamrakar as well, who caused injury to the complainant and his wife namely Smt. Lalita Tamrakar. So far as present applicant is concerned, as per the allegations, he inflicted injury on the person of the daughter of the complainant and the said injury was simple in nature. Thus, it is submitted that taking into consideration the allegation levelled against the present applicant, the applicant be released on bail.

(3.) Per contra, the counsel for the State submits that the present applicant as well as his father inflicted injuries on complainant party on account of previous rivalry. It is also contended that the wife of the complainant namely Smt. Lalita Tamrakar sustained grievous injuries and therefore, as there was common intention of the present applicant as well as co-accused to cause injuries to the complainant party, the present applicant is not entitled to be enlarged on bail.