Madhya Pradesh High Court
Shubham vs The State Of Madhya Pradesh on 3 March, 2020
Author: Virender Singh
Bench: Virender Singh
1 MCRC-6921-2020
The High Court Of Madhya Pradesh
MCRC-6921-2020
(SHUBHAM Vs THE STATE OF MADHYA PRADESH)
2
Indore, Dated : 03-03-2020
Smt. Purnima Kanungo, learned counsel for the petitioner.
Shri Lokesh Bhargav, learned counsel for the respondent/State.
This is first application under section 439 of the Cr.P.C in crime no.251/2019 under section 307, 294, 323/34 of the IPC registered at police station Sanawad District Mandleshwar.
The present petitioner has 9 criminal record bearing crime no.538/2013 under section 380 IPC, crime no.544/2014 under section 294, 323, 506 IPC, crime no.262/2015 under section 457, 380 IPC, crime no.263/2015 under section 457, 511 IPC, crime no.265/2015 under section 457, 380 IPC, crime no.266/2015 under section 457, 380 IPC, crime no.419/2016 under section 457, 380 IPC, crime no.286/2018 under section 452, 294, 323, 324, 506, 34 IPC and crime no.242/2019 under section 427, 336, 34 IPC have been registered against the petitioner.
The allegation against him is that on account of some previous enmity, he inflicted knife on the chest of the victim and caused life threatening injury.
Contention of the learned counsel for the petitioner is that in his statement recorded under section 164 of the Cr.P.C, the complainant has made identical allegations against bot the accused persons, one of them accused Pawan has been granted bail by this Court. The previous enmity was on account of molestation of wife of the petitioner by the complainant for which he was complaining regularly. The nature of injuries shows that it may be caused by falling on some pointed stone or other pointed article like metal etc, therefore, he be granted bail.
As per facts mentioned in the FIR, there is no allegation against the co- accused Pawan to use knife during the incident or to cause any vital injury.
After going through the evidence available in the case diary and the 2 MCRC-6921-2020 aforestated facts, no case for granting bail is made out, therefore, the present petition stands dismissed.
(VIRENDER SINGH) JUDGE Sourabh Digitally signed by SOURABH YADAV Date: 2020.03.04 17:58:12 +05'30'