Decided on March 07,2018

Babu Lal @ Chhotelal Appellant
The State Of M.P. Respondents


C.V.SIRPURKAR,J. - (1.) Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Babu Lal @ Chhotelal in crime no. 139/2017 registered by Police Station- Siddiqueganj, District-Sehore under Sections 294 , 323 , 307 and 506 read with section 34 of the IPC.
(2.) As per the prosecution case, at about 06:30 p.m. on 11.07.2017, victim Kripal Singh was going on a motorcycle towards the pond. On way, co-accused persons namely Vikram Singh and Mahesh Singh were coming from opposite direction on a tractor. Since, the road was narrow, Kripal Singh took the motorcycle to one side of the road; whereon, co-accused persons Vikram Singh and Mahesh started to filthily abuse Kripal Singh, who called first informant, Nihal Singh from the pond. Nihal Singh and Arjun Singh reached the spot. At the same time, Vikram Singh, Mahesh and Himmat Singh armed with sticks and petitioner Babu armed with a Sangia assaulted victim Kripal Singh with intend to kill. Petitioner Babu struck a blow with Sangia to head of Kripal Singh. Himmat Singh also beat Kripal Singh with stick. As a result, he sustained injuries to his head, both hands and body. Kripal Singh fell down unconscious and started to bleed. First informant, Nihal Singh also sustained injuries on the left hand and back as a result of beating given by Vikram Singh and Mahesh. They abused the victims and threatened that they would kill them next time. The first information report was lodged immediately after the incident.
(3.) Learned counsel for the petitioner submits that in fact the victims were aggressors and a counter case being crime no.140/2017, has been registered against victim Kripal Singh and his sons Nihal Singh and Arjun Singh on the first information report lodged by Vikram Singh under Sections 294 , 323 and 506 read with section 34 and 3 (1) (d) and 3 (2) (v-a) of the SC/ST (Prevention of Atrocities) Act, 1989. Co-accused Mahesh has also sustained four injuries of stick to different parts of his body. Petitioner Babu Lal and co-accused Himmat Singh have sustained injuries. It has further been submitted that though in the initial MLC report, the victim Kripal Singh was said to sustain an incised wound to his head ad-measuring 12x.5x.6 cm. and bone deep was also said to have sustained a hematoma in occipital region but his CT Scan report reveals that no abnormality was detected in his brain. It has further been submitted that petitioner Babu Lal has been in custody since 13.10.2017 and charge-sheet in the matter has been filed. It has further been submitted that co-accused persons namely Vikram Singh, Mahesh Kumar and Himmat Singh have already been released on bail vide order dated 13.12.2017 passed by this Court in M.Cr.C. No.23074/2017; therefore, it has been prayed that the petitioner be released on bail.;

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