Santosh Badhai vs The State Of Madhya Pradesh
2025 Latest Caselaw 2592 MP

Madhya Pradesh High Court

Santosh Badhai vs The State Of Madhya Pradesh on 9 January, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:1052




                                                                 1                        MCRC-49849-2024
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                                   ON THE 9 th OF JANUARY, 2025
                                            MISC. CRIMINAL CASE No. 49849 of 2024
                                                      SANTOSH BADHAI
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                              Shri Azad Krishna Bais - Advocate for the applicant.
                              Shri Ravindra Rajput - Panel Lawyer for the State.

                                                                     ORDER

This is the first application filed by the applicant under Section 483 of Bhartiya Nagrik Suraksha Sanhita , 2023/Section 439 of Cr.P.C., 1973 for grant of regular bail relating to FIR/Crime No.372/2023 registered at Police Station Rajnagar District Chhatarpur (M.P.) for the offence punishable under Sections 307, 34, 323 and 294 of IPC.

2. The counsel for the applicant has submitted that this is first bail application and applicant is in jail since 04.01.2024. The victim alongwith

other persons had attacked on applicant as the place of incident is a house of the applicant. Learned counsel for the applicant placed reliance on the judgment of Hon'ble Apex Court in the case of Bhausabhev Nagu Bhavare v. State of Maharashtra and another in Criminal Appeal No.301 of 2001 dated 16.03.2001 and submitted that the victim is treated and there is no prospect of offence being escalated. Hence, the applicant be released on bail.

3. Learned counsel for the State has submitted that firearm was used

NEUTRAL CITATION NO. 2025:MPHC-JBP:1052

2 MCRC-49849-2024 and victim Babulal Patel suffered the injury in stomach. Firstly, the bullet hit the mobile and after ricocheting hit the injured. Hence, he was saved. In that situation, the applicant is not entitled to be released on bail.

4. Heard the parties and perused the case diary.

5. In the cited case, it is not clear that by which arm/weapon the injury was caused to the victim and what was the nature of the injury in which the principle has been laid down. In this case, it is clear that the applicant used intentionally the firearm that caused the injury to the victim by firearm. The injury was caused in the stomach. Looking to the facts and circumstances, the applicant is not entitled to be released on bail.

6. Accordingly, the M.Cr.C. is dismissed.

C.C. as per rules.

(DEVNARAYAN MISHRA) JUDGE

HK