RAJESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri A.S. Bhadoria, learned counsel for complainant. I.A. No. 1307/2018, an application under section 301 (2) of Cr.P.C . for assisting the public prosecutor is taken up, considered and allowed for the reasons mentioned therein. Learned counsel for the complainant is permitted to assist the learned Public Prosecutor for the State during final hearing of the matter. Case Diary is perused. Learned counsel for the rival parties are heard.

(2.) The applicant has filed this Second repeat bail application u/S 439 of Cr.P.C . for grant of bail. The applicant has been arrested on 02/10/2017 by Police Station Morar, District Gwalior in connection with Crime No.750/2017 registered in relation to the offence punishable under Sections 307 , 302 , 147 , 148 and 149 of IPC.

(3.) This second repeat bail application has been filed after rejection of the earlier one which was dismissed on merits by order 29/11/2017 passed in MCRC No.20674/2017. As per prosecution story, the complainant has stated that on alleged date of incident 28-09-2017 at about 11:45 he was at home at that time Sonu (coaccused) was constructing Chabootra. Complainant asked him not to construct the Chabootra upon which Sonu alongwith other co-accused armed with 12 Bore Gun, saria, sword & spade came there and Sonu opened fire on Sanjay, the present applicant armed with Iron Rod (saria) hit complainant, due to which the complainant party sustained injuries. During treatment injured Sanjay Bhadoriya died. Accordingly, FIR was registered.