(1.) This is first application filed under Section 439 of Cr. P. C. Applicant Prabhu Dayal Sahu was arrested on 16. 09. 2019 in Crime No. 284/2019 registered at Police Station Dheemarkheda, District Katni for the offence punishable under Section 294 & 307 of IPC.
(2.) As per prosecution case, on 12.09.2019 at 08:30 pm, a quarrel took place between applicant Prabhu Dayal Sahu and complainant/injured Aman Rai. On that, applicant abused him and assaulted him by knife due to which he sustained injury in his neck.
(3.) Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. It is further submitted that in the injury report of complainant/injured Aman Rai, it is mentioned that the injury sustained by the injured was simple in nature. Charge sheet has been filed. Applicant has no criminal past. He is in custody since 16. 09. 2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.