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Judgment
6 paragraphs · 404 wordsD.K. Paliwal, J.—Heard on the bail application. Perused the case diary.
This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 84/2013 registered at Police Station, Nateran, District Vidisha, under Sections 307, 323, 336, 427 and 34 of IPC.
As per the prosecution case complainant alongwith son Punit and Ramnaresh, Manav and Firoz came for checking the bus. When they reached Dupariya, they saw Rupendra Singh, Balvinder Singh, Vikas Tiwari armed with Danda and Chaku, were damaging the bus and insisting that on this route only bus belonging to Shakti Travels will ply and they do not allow any other bus to ply. Then the complainant objected, Rupendra Singh gave knife blow on abdominal area of Punit. Balvinder Singh has broken the glass of the Car. Vikas pelted stone and the accused persons said to kill the complainant.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He is in custody since 30.6.2013. No overtact is attributed to the applicant. He is employee of Shakti Travels, which is the rival travel of Preeti Travels. The employees of Preeti Travels were plying the bus without permit. When objection was raised by Shakti Travels, then Punit Tiwari, Virendra, Manav gave beating to Omprakash and the FIR has been lodged against the complainant party. A Crime No. 83/2013 has been registered. It is further submitted that with an intent to defame themselves the complainant party with the connivance of the police lodged the false report. Punit Tiwari sustained minor injury. Injury sustained by Punit has not been found to be dangerous to live, hence prayed for bail.
The application is opposed by learned Public Prosecutor and well as the counsel assisting on behalf of the complainant.
From perusal of the medical report of Punit Tiwari it appears that he has sustained a stab would measuring 1�" x � "x �" deep to muscle. As per the report of Chirayu Medical College and Hospital the injury has been found to be dangerous to life and he is on ventilatory support. Injured remain admitted from 23.6.2013 to 16.7.2013 in Chirayu Medical College and Hospital. Taking into consideration the allegations, the applicant is named in the FIR, injuries have been caused to Punit Tiwari are said to be dangerous, applicant is not entitled to be released on bail. Accordingly, the application stands dismissed.