The Supreme Court on Friday issued notice in a bail application filed by an accused under section 147 (Rioting), 148 (Rioting, armed with deadly weapons), 149 (Every member of Unlawful Assembly guilty of offence committed), 341 (Wrongful restraint), 323 (Voluntarily causing hurt), 302 (Murder), 506 (Criminal Intimidation) and 34 (Common intention) of the Indian Penal Code.
The notice has been issued by a divisional bench of Justice Hemant Gupta and Justice V. Ramasubramanian.
Accused Bhagwan Singh moved to the apex court for grant of bail, challenging the order of Madhya Pradesh High Court, wherein the High Court dismissed the second bail application of Bhagwan Singh.
The Prosecution averred that Bhagwan Singh and other co accused persons had previous enmity with Deceased Sanjeev, thus abstained and surrounded him, threatened and started assaulting him with respective weapons. Deceased Sanjeev family members arrived there to rescue him, but they were also assaulted by the accused persons. Deceased Sanjeev lied on the ground, blood was flowing out from the injuries inflicted on him. The deceased was declared brought dead.
Learned counsel for Bhagwan Singh contended before the High Court of Madhya Pradesh in its 2nd Bail Application that Bhagwan Singh is in custody since 27/08/2020. Since Charge-sheet has already been filed, therefore no further custodial interrogation is required.
It was further submitted that there is no specific allegation against Bhagwan Singh with regard to assaulting the deceased by any weapon. The only allegation against him is of exhortation.
Another contentions raised by counsel of Bhagwan Singh before High court that he was only standing on the spot of incident but there is no allegation of causing any injury to the victim, therefore, no offence under Section 302 of the IPC is made out.