ROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is first bail application under Section 439 of Cr.P.C.,1973, arising out of the offence under Sections 147, 148, 149, 323, 294, 506, 307, 302 of IPC, registered against the applicant vide Crime No.222/2014 by Police Station Malanpur, district Bhind.

(2.) THIS matter was heard along with Misc.Cri.Case No.1312/2015, as it is arising out of the same incident. Shri Sushil Goswami borrowed the arguments of Shri Pradeep Katare, advanced in the said case. In addition, he contends that Suresh was injured in the alleged assault. The FIR was lodged at Gwalior near a hospital. Between the village (where incident had taken place) and Gwalior, there were as many as five police stations where FIR could have been lodged. FIR was not lodged in those police stations and it is belatedly lodged at Gwalior. There is no justifiable reason for the same. This itself shows that story of prosecution is a cock -and -bull story and has no legs to stand. It is contended that in "Dehati Nalishi", there is no specific allegation against the applicant. There is only one head injury on deceased Suresh Kumar. In memo prepared under section 27 of Evidence Act also, there is no material against the applicant.

(3.) PRAYER is opposed by the other side.