Kallu vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 127/2013 registered at Police Station Gohad, District Bhind for the offence punishable under Sections 302, 307, 294, 429 and 34 of IPC.

As per prosecution case, there is Ramjanki Temple situated at Village Pali and about 27 bigha land is attached with the temple. Half of the land is being cultivated by the complainant party and remaining half is cultivated by Ramavtar and others. Ramavatar is not looking after the temple, while Jagdish and others taken care of the temple. The villagers demanded that the door of the temple be opened towards east and the temple be renovated. Ramavatar and others were opposed the same and on account of it on 7.8.2013 at about 7:30 PM when Vijay Singh and Mohkam Singh were sitting in the temple and Jagdish was going to the temple of Shankarji for performing puja and when he reached near Mata Mandir at that time Ramavtar Sharma armed with Mauser gun, Dinesh Sharma armed with iron rod, Ramkumar alias Kallu armed with Mauser gun and Jagdish Parashar of Village Sinore armed with 12 bore gun came there then Dinesh Sharma abused the brother of the complainant Jagdish and thereafter gave a blow of iron rod on the head of brother of the complainant and thereafter gave blows of iron rod on left leg and right leg, when the complainant, Vijay Singh and Hakim Singh rushed to save him, then Ramavtar and Jagdish Parashar fired on them which hit on the legs of Jagdish and Jagdish died during treatment.

It is submitted by the learned counsel for the applicant that he has not committed any offence. He has falsely been implicated in the alleged offence. The applicant was not person on the alleged date at Village Pali, he was at Ahmedabad, there is no allegation against the applicant for causing injuries to the deceased. The applicant is under custody. Hence, the applicant be released on bail.

The prayer is opposed by learned Public Prosecutor.

Case diary perused.

As per the medical report of Jagdish it appears that he has received 8 lacerated wounds and two abrasions. Death was due to shock and hemorrhage, as a result of multiple injuries. The applicant is named in the FIR which has been lodged promptly.

It is true that there is no fire arm injury caused by fire arm object, but further considering that applicant was armed with gun came along with co-accused and also fired from his gun, therefore, the applicant is not entitled for bail.

Consequently, the bail application filed by the applicant stands rejected.