SURAJ HARSHANA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed second bail application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 25/09/2019 passed in M.Cr.C. No. 39856/2019.

(2.) The applicant has been arrested by Police Station Morar District Gwalior (M.P.) in connection with Crime No.810/2018 registered in relation to the offences punishable under Sections 307, 323, 294, 506 and 34 of the IPC.

(3.) Prosecution story, in nutshell, is that on 19/12/18, owing to previous animosity, at about 6.45 p.m., co-accused Dheeraj Pal armed with a Sword, Amit Harshana, Suraj Harshana (present applicant) and Mohar Singh, who were armed with Iron Rods, came to the place where complainant Nisar Beg and his brother Shahrukh Beg were charging their mobile phones and after abusing them filthily, Dheeraj dealt a sword blow upon Shahrukh on left side of his head, who fell down having been rendered unconscious. As complainant tried to save Shahrukh. Mohar Singh pushed him on the ground and Amit Harshana, Suraj Harshana (present applicant) and Mohar Singh started assaulting Shahrukh by Iron Rods. On cries of complainant, crowd gathered on the spot including Assu Beg and Sakir Beg and all the accused persons fled away saying that Shahrukh was saved that day, but would be killed if they met him again. On the aforesaid basis, crime has been registered.