Madhya Pradesh High Court
Phool Sigh vs The State Of Madhya Pradesh on 28 July, 2017
MCRC-3807-2017
(PHOOL SIGH Vs THE STATE OF MADHYA PRADESH)
28-07-2017
Shri A. D. Mishra, Advocate for the applicant.
Shri C.P. Singh, PL for the respondent/ State.
Heard.
This is Second bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail who is in custody since 27.7.2016 in connection with Crime No.499/16 registered at Police Station Chourai, District Chhindwara, for the offence under Sections 302, 201, 34 of the IPC. First application being M.Cr.C.No.21696/2016 was dismissed on merits by order dated 19.12.2016.
This second bail application has been filed on the ground that the material witnesses have been examined and there is no reliable evidence against the applicant and prima-facie, it appears that the applicant has been falsely implicated in this case.
Learned PL has opposed the application stating that the material witnesses, Sachin Verma (PW-1) and Bhagwat Prasad Tiwari (PW-6) have categorically narrated the facts involving the applicant / accused in the crime. At the stage of bail, no meticulous appreciation of the evidence is required. Looking to the evidence and the nature of the offence, the applicant is not entitled to be released on bail.
Having considered the contentions of learned counsel for the parties and on perusal of the record, in view of this court, there is no any significant change in the circumstances to take a different view as taken earlier with regard to release of the applicant on bail. Hence, this second bail application is rejected.
(J. P. GUPTA) JUDGE JP