Madhya Pradesh High Court
Shailendra Singh Bhadouriya vs The State Of Madhya Pradesh on 8 June, 2015
M.Cr.C.No.4847/2015 ( Shailendra Singh BhadhoriyaVs. State of M.P.)
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08.06.2015
Shri V.S. Chauhan, Advocate, for the applicant Shailendra
Singh Bhadhoriya.
Shri A.S. Yadav, Panel Lawyer, for the respondent/ State.
Ms. Meena Sharma, Advocate, for the complainant. Heard on I.A.No.4486/15, an application for hearing this petition during summer vacation.
Application is allowed. With the consent of the parties, the application for anticipatory bail is heard finally.
This is the first bail application for anticipatory bail filed under Section 438 of Cr.P.C.
The applicant apprehends his arrest in connection with Crime No.104/2015 registered at Police Station Mehgaon, district Bhind (M.P.) for the offences under Sections 323, 324, 294, 427, 506/34 of IPC.
It is alleged that on 9.4.2015 at about 10 A.M. the complainant Jai Prakash was in his field., the applicant armed with axe. Co-accused Mirchi and Brijesh armed with lathi. Co- accused Jagdish armed with farsa with common intention entered into complainant's field and assaulted the complainant and injured Hariom and Kamal Kishore. During incident Hariom and Kamal Kishore received incised wounds. Applicant also received injuries.
M.Cr.C.No.4847/2015 ( Shailendra Singh BhadhoriyaVs. State of M.P.) 2 On behalf of the applicant it is submitted that the applicant is innocent. Co-accused Munendra was given the benefit of anticipatory bail on 14.05.2015 by a Coordinate Bench of this Court.
The applicant further prayed that on the report of Munendra, a counter case has been registered which is Crime No.103/15 at Police Station Mehgaon, district Bhind for the offences under Sections 323, 324, 506, 294/34 of IPC against Kamal Kishore, Bhittu, Shanu, Hariom and Shailu. It is also pleaded that the applicant is innocent. He is not the aggressor. Therefore, applicant be granted an anticipatory bail.
On behalf of the State, the application is opposed stating that the injury received by Hariom and Kamal Kishore are incised wounds which has been inflicted by axe.
On behalf of the complainant application is opposed on the ground that the accused applicant and other co-accused persons are the aggressors. They came with axe, lathi, farsa etc. It is not correct to say that the applicant is not the aggressor. Co-accused Munendra was granted relief for the reason that he was alleged to have armed with lathi only.
On perusal of the record, it is found that injury received to Hariom on the skull, an incised wound profusely bleeding and disoriented. Injury received by Kamal Kishore also in the skull M.Cr.C.No.4847/2015 ( Shailendra Singh BhadhoriyaVs. State of M.P.) 3 with profused bleeding and disoriented. Medical Officer also stated that injuries received by Kamal Kishore is grievous in nature.
Applicant has been alleged to have armed with "axe" which is yet to be recovered. The offence under Section 326 IPC is directly alleged against the applicant.
For this reason, it is not a fit case for grant of anticipatory bail.
Application is dismissed.
(S.K. Palo)
mani Vacation Judge