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Judgment
7 paragraphs · 219 wordsVijay Kumar Shukla, J
This is third application filed under Section 439 of Cr.P.C in crime no.574/2022 under section 307, 294, 323, 147, 148, 149, 506, 325 of IPC registered at police station Biaora, Rajgarh.
The second application was dismissed as withdrawn with liberty to revive the same after statement of victim Mangilal and Doctor is recorded in the Court.
Learned counsel for the applicant submits that the statement of victim has been recorded and there are certain contradictions in his statement. He further submits that in the statement of Doctor, he has not stated that the injury received by Mangilal was dangerous to life.
Learned counsel for the respondent/state opposed the prayer and submits that the applicant has caused injury on the vital part of the body i.e. neck with the help of axe and his intention was to kill the victim. As per the prosecution case, the victim was surrounded by all the accused persons and the applicant caused injury on the neck with the help of axe, which is about 6x1 cm. As per the MLC report, it was stated that the injury was grievous in nature and likely to cause death.
Considering the aforesaid, I do not find any case for grant of bail.
Accordingly, the application stands dismissed.