Dinesh @ Bhura 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 29.12.2020 in connection with Crime No.116/2020 registered at Police Station Dimani Distt. Morena for offence

under Sections 323, 294, 336, 506, 34, 308 of IPC and Section 25/27 of Arms Act.

According to the prosecution case, one Kalla had taken a loan of Rs.40,000/- from the co-accused Kashi Prasad Gurjar. Kashi Prasad as well as

Ramsewak went to the house of Kalla for demanding their money and when Kalla was not in a position to refund the amount, then they tried to take

away the goats of Kalla which was objected by Lokendra and Vipin and they assured that they would ensure that the amount is repaid. Thereafter,

Kashi Prasad and Ramsewak took away their motorcycle. At about 07:00 PM when the complainant along with Lokendra, Vipin, Rakesh went to

Kachanpur and demanded their motorcycle back from Kashi Prasad, then it is alleged that Kashi Prasad, Madan, applicant and Ummed refused to

return the motorcycle on the ground that unless and until the amount is returned by Kalla, motorcycle shall not be returned and started abusing them

and when it was objected by the complainant, then all of them started assaulting the victims. Kashi Prasad assaulted on the head of the complainant by

means of Farsa. The applicant and Ummed assaulted on the head of Lokendra and Kashi Prasad also assaulted on the head of Vipin and Madan fired

a gunshot in the air. It is submitted that in fact, a cross case has been registered.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the ocular evidence of the witnesses is duly

corroborated by the medical evidence of Lokendra.

Considering the period of detention and without commenting on the merits of the case, no case is made out for grant of bail.

The application fails and is hereby dismissed.