Madhya Pradesh High Court
Kalyan Singh vs The State Of Madhya Pradesh Thr on 7 August, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 29560/2018
(Kalyan Singh and others Vs. State of M.P.)
Gwalior, dated : 7/8/2018
Shri Pradeep Katare, Advocate for the applicants.
Shri Vivek Bhargava, Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicants have filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicants have been arrested by Police Station Raun, District Bhind in connection with Crime No.184/2018 registered in relation to the offences punishable under sections 341, 324, 323 ,294, 506 read with 34 and subsequently enhanced 326 of the IPC.
Prosecution story, in short, is that on 28/5/18, at about 9 p.m., when complainant was returning to his home from Village Bohara, near Village crossing Chandan Singh, Laxmiram Kushwaha, Kalyan Singh and two other persons stoped him. Chandan gave an Axe blow which landed on his right wrist. Kalyan Singh also gave an Axe blow causing injury on right palm. Chandan and Kalyan Singh also gave Axe blows on his head . The remaining two persons also ensured that the complainant is assaulted.
Learned counsel for the applicants submits that the applicants have been falsely implicated. It is submitted that as per medical report, no injury has been found on the head. All the injuries are simple in nature. Applicants are in custody since 9/7/18. They are permanent residents of Village Bohara, P.S. Raun, District Bhind and there is no likelihood THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 29560/2018 (Kalyan Singh and others Vs. State of M.P.) of their absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. It is submitted that repeated blows have been given and the complainant has sustained incised, as well as, lacerated injuries. It is submitted that the radiologist has noticed dislocation of proximal distal phalyngal joint of thumb and fracture on occipital bone of skull of the complainant. As such, the prosecution version is corroborated by medical evidence.
Considering the nature of allegations and gravity of offence, in the opinion of this Court, no case for grant of bail is made out at this stage.
The application, accordingly, stands dismissed.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.08.08 17:09:52 +05'30'