KAMLESH GURJAR Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, who apprehends arrest for the offences punishable under Sections 307/34 of IPC, in Crime No.67 of 2019, registered at Police Station Deopalpur, Indore has moved this petition for granting bail in anticipation of arrest.

(2.) Facts, in brief, are that there was old rivalry between two families of village Khatwadi. A murder took place in the year 2005 for which the complainant and his family members were prosecuted and sentenced for life. After getting suspension in the year 2016, they decided to dispose off their land, leave the village forever and to settle down at some other place, but whenever they tried to sale their land, their opponents used to scarify the proposed buyers. On 26.02.2019 also when the complainant with his cousin took the proposed buyer of Indore with broker Malkhan to show the land, the petitioner along with some other co-accused persons terrified the buyers and asked them to leave the village. Startled by their threat, Malkhan and the proposed buyers left the village and they were going toward their house, the petitioner alongwith other coaccused persons assaulted them and with intent to kill, caused them injuries. Kalu lodged FIR naming the petitioner alleging that he instigated Sahdeo to shoot them. Sahdeo fired gut shot but Kalu ducked and could avoid injury.

(3.) Now, the petitioner is before this Court. Besides merits, the petitioner has claimed bail on the ground of juvenility. It is submitted that on the date of the incident, he was 17 year old, therefore, he be granted anticipatory bail.