DISTRICT INDORE (MADHYA PRADESH) v. (SHRI PRASHANT JAIN GWALIORY - GOVERNMENT ADVOCATE)

(SHRI MOHAMMAD IKRAM ANSARI - ADVOCATE) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BHANWARKUA, DISTRICT INDORE (MADHYA PRADESH) .....APPLICANT (SHRI PRASHANT JAIN GWALIORY - GOVERNMENT ADVOCATE) .....RESPONDENT This application coming on for orders this day, the court passed the following: ORDER Heard on IA No.5663/2023, which is an application for submitting additional documents on record. The documents may be relevant for proper adjudication of the matter. IA No.5663/2023 is allowed. The documents are taken on record. This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.216/2022 registered at Police Station Bhawarkua, District Indore (M.P.) for the offence under Sections 302, 307, 147, 148 of the Indian Penal Code, 1860. Signature Not Verified Signed by: SOURABH YADAV Signing time: 22/05/2023 6:13:17 PM The applicant is in custody since 23.01.2022.

2 As per the prosecution case, on 23.02.2023 when the complainant Sashi Ranjan asked for help from Shivansh Yadav for making plasting spoons, he refused for the same and started abusing him with filthy language and thereafter, after sometime, applicant along with othe co-accused persons reached on the spot armed with knife and sticks. The present applicant along with Vishal and Vinod assaulted the complainant Shashi Ranjan by using kicks and fists and Shivansh gave blow of wooden stick on the head of the complainant and Rahul Yadav stabbed knife on the chest of Deepak Yadav and Ravi also caused injury to Amit thereafter accused persons fled away from the spot. Thereafter, the injured were taken to the hospital where, Deepak Yadav was declared brought dead. Accordingly, the offence has been registered. Learned counsel for the applicant submits that the applicant is innocent person. He has been falsely implicated in the present case.

He is in custody since 23.01.2023. His earlier bail application was dismissed as withdrawn. The investigation has been completed and the charge sheet has been filed. The complainant along with eye-witnesses Sonu, Magri and Amit have been examined and they have turned hostile and nothing has been stated against the applicant. The applicant is the sole breadwinner of the family and permanent resident of District Indore. His moveable and immoable property is also situated here. Hence, he be enlarged on bail. Per contra, learned counsel for the respondent/state has opposed the prayer and prays for its rejection by submitting that the evidence available on record against the applicant and wooden stick has been recovered from his possession. Signature Not Verified Signed by: SOURABH YADAV Signing time: 22/05/2023 6:13:17 PM 3 Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that complainant along with other eye-witneses namely Magri, Sonu, Amit have been examined and they have turned hostile and nothing has been stated against the applicant regarding the aforesaid offence and final conclusion of trial will take considerable long time.