KHILAI AHIRWAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is repeat (second) bail application filed on behalf of the applicants under Section 439 of the Cr.P.C. Earlier bail application being M.Cr.C.No.14834/2017 has been dismissed on merit by order dated 21.11.2017, looking to the fact that other co-accused were yet to be arrested.

(2.) The applicants are in custody since 18.7.2017, in connection with Crime No.110/2017 registered at Police Station Rajnagar, District Chhatarpur (MP), for the offence punishable under Sections 147 , 148 , 149 , 323 , 294 , 506 , 341 , 342 and 307 of Indian Penal Code.

(3.) Allegedly, on 23.06.2017, complainant Satyam Singh was going along with his elder brother Bhartend Singh and cousin Raghvendra Singh on a motorcycle. When they reached near the house of the one Ramadhar Ahirwar then applicants and other co-accused Vilokha Ahirwar, stopped them and by abusing them, committed marpeet by means of lathi with common intention to kill them. At the same time, applicants came there and with intention to kill the complainant, fired on him but the bullet passed away by his side and due to that, complainant did not receive any injury. Meanwhile, Raghvendra Singh, who is the nephew of the complainant, ran away from the spot and thereafter applicants Khilai Ahirwar, Narendra Ahirwar, Mulla Ahirwar, Hemraj Ahirwar, Kamta Ahirwar and other co-accused Bijji Ahirwar, Prakash Ahirwar, Halkai Ahirwar, Lakhan Ahirwar, Ishwardin Ahirwar came there and all caught hold of complainant and his brother Bhartendra Singh, took them inside a house and they tied them by a rope. Thereafter, they started beating them by stick and bricks and also abused them. Due to that beating, they became unconscious and thereafter, they fled away from the spot. Complainant informed his father by his mobile that applicants and other co-accused had beaten them by tying him on the roof of co- accused Ramadhar. Thereafter, other persons, namely, Gulab Singh and Nabal Singh came there and dialled 100. Thereafter, 100 no. vehicle came there and by that vehicle, they went to Rajnagar Hospital where complainant Satyam Singh lodged report and on his report, dehati nalisi No.0/2017 was registered. Learned counsel for the applicants contends that applicants are innocent and they have been falsely implicated. He further submits that at present 9 accused have already been arrested and charge sheet against all accused have been filed. Conclusion of trial will take long time. Learned counsel further submits that co-accused Ramadhar, Prakash, Bilokha have already been released on bail. There is no injury of gun shot on the person of the complainant. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants.