Dinesh vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 13.08.2020 in connection with Crime No.441/2020 registered at Police Station Karera, Distt. Shivpuri for offence

under Sections 302, 456, 294, 323, 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, son of the complainant had eloped with the daughter of the co-

accused Angad Pal, as a result of which, enmity was going on between the parties. On 03.08.2020, when the complainant alongwith her husband was

sitting on the roof of her house, applicant alongwith other co-accused persons came on the spot. The applicant was allegedly armed with lathi,

whereas, co-accused Angad Pal was having lohangi. It is alleged that Angad Pal and Nilesh assaulted the deceased and when the complainant tried to

intervene in the matter, then she was assaulted by the applicant and co-accused Gajendra. It is submitted by the counsel for the applicant that even if

the entire allegations are accepted, then it is clear that the applicant had not assaulted the deceased.

Per contra, the application is opposed by the Counsel for the State. It is submitted by the counsel for the State that the applicant was sharing common

intention. In the night not only they all entered in the house of the complainant but all of them were armed with deadly weapons and husband of the

complainant as well as the complainant were assaulted.

Considering the allegations made against the applicant, this Court is of the considered opinion that no case is made out for grant of bail.

Accordingly, the present bail application fails and is hereby dismissed.