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2024 Supreme(Online)(MP) 15921

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE PRAKASH CHANDRA GUPTA, J
Umashankar – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Pradip Kumar Gupta,Advocate General

ORDER

Heard with the aid of case diary.

This is first bail application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant in connection with FIR/Crime No.16/2024 Date:-(Not mentioned) registered at P.S.-Balakwada, District-Khargone (M.P.) for commission of offence punishable under Sections 294, 323, 336, 506 and 326 of the IPC.

2. Prosecution story in short is that, on 18.02.2024 at 5 p.m. there was some heated arguement between the injured Amraram and applicant/accused Umashankar meanwhile, applicant assaulted the injured by means of stone. He received injuries on head and face. When complainant Kanaram tried to rescue the injured the applicant also assaulted him on his chest by means of fists. The matter was reported on the same night.

3. Learned counsel for the applicant submit that he has not committed the offence and has falsely been implicated in the case. It is submitted that as alleged the applicant used a stone in the crime, but as provided under section 326 of the IPC, the stone does not comes under deadly weapon. It is also submitted that as provided under section 320 of the IPC injuries received by the Amraram does not comes under the d

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