Chinga @ Omprakash vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 78/2013 registered at Police Station Pichore, district Gwalior, M.P. for the offence punishable u/s 302 /34 of IPC.

As per the prosecution case Mehtab Singh son of complainant took away the wife of Suresh Jatav about 5-6 years back. After that Mehtab has not come to the village. The complainant came to know that in the marriage of daughter-in-law of Ramkishan, Mehtab came then complainant went to see Mehtab in near the School, where he saw that Suresh Jatav, Chinga Jatav (applicant) armed with Kuladi, Kalla armed with lathi were beating Mehtab. Suresh was asking where his wife and Suresh gave axe blow on the head of Mehtab. Thereafter, Suresh and Chingha gave several blows by means of axe on the head, face, legs on Mehtab. In the meantime, Manish, son of Suresh also reached there and told that Mehtab be finished. Kalla and Mainish gave beating by means of lathi. When the complainant raised alarm, Hakim Baghel and Raghunath Baghel and other persons reached there and all the accused ran away. Mehtab died on the spot due to the injury sustained by him. Report of the incident was lodged at about 6 P.M. at Police Station Pichhore.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated. The allegation against the applicant is that he has beaten by means of lathi to deceased and the deceased has not received any injuries by means of lathi. It is further submitted that the incident alleged to have been taken place in the mid night but deceased was not taken to hospital by his father. Applicant is in custody since 13.7.2013. The trial likely to take some time. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Panel Lawyer as well as the counsel for the complainant.

From the perusal of the postmortem report, it appears that the deceased has received as many as ten incised wound and three contusions, fractures of IInd, IIIrd, IVth and Vth rib. Injuries have been caused by hard and sharp edged object and some injuries by hard and blunt object. Taking into consideration that the applicant has been named in the F.I.R., he has also given beating by means of Kuladi, deceased has received the injuries caused by hard and blunt object also, the applicant is not entitled for bail. Therefore, the application is rejected.