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2022 Supreme(MP) 905

RAJEEV KUMAR DUBEY
Manoj @ Mona Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Shailendra Kumar Gangrade, Advocate, for the Appellant; Shri Satya Al Chadar, Government Advocate, for the Respondent

JUDGMENT

1. Heard with the aid of case diary.

2. This is the second application under Section 439 of Cr.P.C for grant of bail. Applicant Manoj @ Mona Sharma was arrested on 17/11/2021 in connection with Crime No.416/2021 registered at Police Station Pipariya, District Narmadapuram (M.P.) for the offences punishable under Sections 294, 307, 34 of the IPC and Section 25, 27 of the Arms Act.

3. The first bail application filed by the applicant was dismissed as withdrawn by this Court vide order dated 29/03/2022 passed in M.Cr.C.No.14086/2022.

4. As per prosecution case 13/11/2021 at around 08:00 P.M. complainant Gautam Vishwakarma went to new Bus Stand, Pipariya alongwith his friend Abhishek Thakur, where applicant Manoj @ Mona Sharma and co-accused Golu @ Devendra & Shahrukh Khan met them and applicant Mona Sharma abused the complainant and co-accused Golu @ Devendra and Shahrukh Khan assaulted him. Abhishek Thakur rescued him. At that point of time at the behest of co-accused Golu @ Devendra, applicant Manoj @ Mona Sharma fired at complainant/injured Gautam with country made pistol, due to which he sustained gun shot injuries in his back and shoulder.

5. Learned counsel for the applicant

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