Madhya Pradesh High Court
Vikki @ Vikas Garg vs The State Of Madhya Pradesh on 21 January, 2020
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-52393-2019
The High Court Of Madhya Pradesh
MCRC-52393-2019
(VIKKI @ VIKAS GARG Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 21-01-2020
Shri Yash Sharma, learned counsel for the applicant.
Smt. Gayatri Surve, learned Public Prosecutor for the respondent-
State.
Case diary is available.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 31/10/2019 in connection with Crime No.89/2019 registered at Police Station Rampur, District Morena for offence under Sections 302, 120-B and 34 of the IPC.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. He has not committed any offence. He is the nephew of the deceased. The FIR is against unknown persons. The present applicant was implicated only on the basis of memorandum of co-accused Shrinivas Kushwah and Rakesh Dhakad under Section 27 of the Evidence Act. It is further submitted that even if the entire allegation is accepted in toto, no offence under Section 302 of the IPC is made out against the present applicant. Further, the investigation has been completed and the charge-sheet has been filed. The trial is likely to take sufficiently long time. The applicant is a young boy aged about 17 years and is in custody since last more than two and half months and if he is kept in jail for long, then it would affect his career and behaviour being in company of the hardened criminals. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel has opposed the same and has submitted that the offence is registered under Sections 302, 120-B and 34 of the IPC which is of heinous nature. In case of released of the applicant on bail, there is possibility that he would tamper with the prosecution evidence. Hence, prayed to reject the bail application of the applicant.
Perused the case diary.
2 MCRC-52393-2019 Looking to the aforesaid facts and circumstances of the case and the nature of offence registered against the applicant, without commenting on merits of the case, at this stage, this Court does not find it to be a fit case for grant of bail. Hence, the application is rejected with liberty to come after examination of important prosecution witnesses.
A copy of this order be given to learned State counsel with a direction to keep the same in the concerned case diary.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE AKS ALOK KUMAR 2020.01.21 18:39:53 +05'30'