AI Structured Summary
Not yet generated for this judgment
Judgment
Mohd. Fahim Anwar, J
These are the first bail applications of the applicants under Section 439 of Cr.P.C in connection with Crime No.98/2020 registered at Police Station
Deori, Raisen for the offence under Sections 294, 323/34, 325 and 307 of IPC.
As per the prosecution story, in the village Pipariyakala under the jurisdiction of police station, Deori some fault has taken place in DP, which is
situated at Lodhi Mohalla. So, the complainant party has taken the connection from the DP situated in the area of the applicants. It is alleged that
applicants and other co-accused persons removed the wire of the connection. On complaining the matter by the complainant Sandeep Sharma and
Rajkumar Sharma, the applicants have used filthy language against them and the applicants and other co-accused persons have attacked Sandeep
Sharma, Rajkumar Sharma, Shanklarlal Sharma, Kanchhedi and Rakesh Sharma and they have sustained severe injuries and injuries of Rakesh
Sharma is said to be grave in nature and dangerous to life. On the report of the complainant, the above said crime has been registered against the
applicants and other co-accused persons.
Learned counsel for the applicants has submitted that the applicants are innocent persons and they have been falsely implicated in the crime. It is
submitted that the applicants are ready to furnish bail as per the order and abide with all conditions as may be imposed by the Court. It is also
submitted that the applicants have also lodged a report against the complainant party and on that basis a counter case at Crime No.97/2020 under
Section 294, 325, and 323/34 has been registered against the complainant party. He further submits that the applicants are in judicial custody since
12.10.2020 and the trial will take long time for its final disposal. On these grounds, learned counsel for the applicants prays for grant of bail to the
applicant.
Per-contra, learned counsel for the respondent-State and the learned counsel for the objector have opposed the bail application.
Considering the facts and circumstances of the case and particularly the injuries sustained by Shankarlal, Rakesh, Kanchedi and Sandeep Sharma, I
am of the view that at this stage, it is not a fit case to enlarge the applicants on bail. Hence, the bail applications of the applicants are dismissed.
In view of the aforesaid, the pending IAs are also disposed of.
