(1.) This is First bail application filed under section 439 Cr.P.C. Applicant Vijay Singh Dangi was arrested on 08.04.2019 in Crime No.1/2019 registered at Police Station Gourjhamar, District Sagar for the offence punishable under Section 307 and 323/34 of IPC.
(2.) As per prosecution case, on 31.12.2018 at 08:30 PM, when complainant Guddan Dangi was preparing jaggery at his crusher situated at village Sarkheda Deori, applicant Vijay Singh Dangi, co-accused Brajesh Singh Dangi and Gabbu Singh came there, co-accused Brajesh Singh Dangi fired at complainant on the instance of co-accused Gabbu Singh with intent to kill him due to which complainant sustained injury in his right shoulder and applicant Vijay Singh Dangi assaulted him by stick on his back.
(3.) Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. It is further submitted that the gunshot injury sustained by the complainant was caused by co-accused Brajesh Singh Dangi and not by the applicant. Although, it is alleged that applicant assaulted the complainant by stick on his back but in the MLC report of the complainant, it is not mentioned that complainant sustained any external injury in his back. Charge sheet has been filed. The applicant is in custody since 08.04.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.