LAKHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the second bail application under Section 439 of Cr.P.C. First bail application has been dismissed as withdrawn vide order dated 22.12.2016 passed in M.Cr.C.No.14437/2017. The applicant has been arrested in Crime No.694/2016 registered at Police Station Dabra, District Gwalior for the offence punishable under Section 307 , 341 , 323 , 294 , 147 , 148 , 149 / 34 of IPC.

(2.) As per prosecution case, Kailash Jatav and Lakhan Jatav have committed murder of brother of the complainant whose case is pending before the First Additional Sessions Judge, Dabra, in which complainant was witness. Kailash Jatav and Lakhan Jatav have compelled the complainant to compromise and when he refused to compromise, on 23/20/2016 at about 10:30 P.M. complainant along with Veeru was coming on Motor-cycle, as soon as they reached in front of the house of Kailash Jatav, then Kailash Jatav, Gambhir Jatav, Ravi Jatav, Anuj Jatav, Sunil Jatav, Lakhan Jatav, Maniya Jatav and Bittoo Jatav stopped their Motor-cycle and started abusing them. Kailash Jatav fired gun-shot at Veeru which hit him on his chest and they beaten complainant also. When they raised alarm then Rajesh Barar and Balkishan came and they took them to the hospital and after that registered the FIR against the applicant and other co-accused.

(3.) It is submitted by learned counsel for the applicant that there is no allegation against the applicant for causing any injury to injured persons. The main allegation is against Kailash. On similar allegation co-accused Sunil has been granted bail vide order dated 30.01.2017 passed in M.Cr.C.No.22/2017. The applicant is under custody since 24.10.2016. On the ground of parity, he prays for bail.