Madhya Pradesh High Court
Banti @ Shivansh Tripathi vs The State Of Madhya Pradesh on 26 February, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-5623-2020
The High Court Of Madhya Pradesh
MCRC-5623-2020
(BANTI @ SHIVANSH TRIPATHI Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 26-02-2020
Shri V. C. Rai, learned counsel for the applicant.
Shri Ashok Singh, learned Panel Lawyer for the respondent/State.
Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail. The applicant is in jail since 08.06.2019 in connection with Crime No.321/2019, registered at Police Station-Nagod, District-Satna for the offence punishable under Sections 302, 307, 212, 216 read with Section 34 of the Indian Penal Code and Section 25/27 of the Arms Act.
The case of the prosecution in short is that in the night intervening 06- 07.06.2019 when injured Angad Joshi and his two wives were at home, the applicant along with other co-accused came on motorcycle and asked for Ganja. When Angad refused to provide Ganja then an altercation took place between them. Thereafter, applicant Banti opened fire and inflicted injuries to Champa Bai as a result she succumbed to that injuries and other co-accused opened a fire on head of another wife Maya as a result she also succumbed to that injuries. The fire arm injuries were also inflicted upon Angad Joshi. He became unconscious and was shifted to the hospital and lodged the report mentioning the name of applicant and other co-accused.
Learned counsel for the applicant submits that during trial, most of the prosecution witnesses have been examined and they have not supported the case of prosecution, not stated anything against the applicant and turned hostile. Therefore, it has been prayed to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the respondent/State opposes the application.
Having heard the learned counsel for the parties and perused the statement of Angad Joshi and other witnesses. Total 30 witnesses listed as 2 MCRC-5623-2020 prosecution witnesses. Only evidence of 10 witnesses have been recorded in this case. After perusal of the case diary, this is a case of double murder and as per prosecution case, the applicant along with other co-accused gathered armed with firearms and inflicted fire arm injuries to both dead ladies and one injured Angad whose statement has been recorded during trial. On perusal of his statement, this Court is not inclined to minutely examine and express any view on the statement while disposing of this application for bail.
In aforesaid circumstances, there is prima facie strong case available against the applicant. Therefore, this Court is not inclined to enlarge the applicant on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant BANTI @ S HIVANS H TRIPATHI is dismissed.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE Digitally signed by BIJU b Date: 2020.02.29 18:03:01 +05'30'