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Judgment
14 paragraphs · 237 wordsG.S. Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application of the applicant was dismissed as withdrawn by
order dated 03.06.2021 passed in M.Cr.C. No.26314/2021.
The applicant has been arrested on 11.05.2021 in connection with Crime No.77/2021 registered at Police Station Jamner Distt. Guna for offence
under Sections 294, 323, 324, 436, 506/34, 326 of IPC.
It is submitted by the Counsel for the applicant, that according to the prosecution case, the applicant and other co-accused persons started abusing the
complainant and other witnesses. The applicant was armed with Gopan (it is a weapon by which stones are thrown with force). It is submitted that
although Lakhan had suffered fracture on his head, but the allegations against the applicant are that he had assaulted Mukesh and, therefore, it is clear
that he was not sharing common intention.
Per contra, the application is vehemently opposed by the Counsel for the State. It is submitted by the counsel for the State that as per the statement of
the injured Lakhan, the applicant had assaulted him by Gopan and in the MLC as well as MRI, fracture was found. Further, houses of three persons
were burnt.
Considering the submissions made by the counsel for the parties, this Court is of the considered opinion that no case is made out for grant of bail.
The application fails and is hereby dismissed.