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[Cites 5, Cited by 3]

Madhya Pradesh High Court

Adarsh Jadhav vs State Of Madhya Pradesh on 9 November, 2020

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                         1                             MCRC-33186-2020
                              The High Court Of Madhya Pradesh
                                        MCRC-33186-2020
                                          (ADARSH JADHAV Vs STATE OF MADHYA PRADESH)

                      6
                      Jabalpur, Dated : 09-11-2020
                            Heard through Video Conferencing.
                            Shri Manish Tiwari, learned counsel for applicant.
                            Shri V.S. Choudhary, learned Panel Lawyer for respondent/State.

This is first bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, who has been arrested on 13.02.2020 in connection with Crime No.109/2020 registered at Police Station Kotwali, District Hoshangabad, (M.P.), for offences punishable under Sections 302, 201, 397 and 34 of IPC.

Counsel appearing for the applicant submitted that no evidence is available against the applicant. Only evidence in respect of applicant is that he was last seen together with the deceased. Except this, there is no evidence available in the case diary.

Earlier this Court has passed an order to call CCTV footage from the concerned police station. Said CCTV footage has been obtained. CCTV footage is played on screen but same cannot be seen. However, counsel appearing for State Government after seeing the CCTV footage has informed this Court that Scooty bearing number MP-05 MT-8458 was seen in the CCTV footage. Ankit Soni was also seen on this Scooty. He was accompanied by three other persons namely Bhutta @ Bhupendra, Sonu Namdev @ Juju and applicant Adarsh Jadhav. All the three persons had entered into the gate of SPM alongwith Ankit Soni at about 08:11 p.m. thereafter they returned at 09.34 p.m. On their return, only three persons were found to be returning namely Bhutta @ Bhupendra, Sonu Namdev @ Juju and Adarsh Jadhav. Ankit Soni was not seen there with them. One of the accused Sonu Namdev @ Juju was also seen washing his hand. On basis of said Signature Not CCTV footage, applicant has been made an accused in the case as applicant SAN Verified Digitally signed by SUNIL KUMAR PATEL Date: 2020.11.10 17:19:58 IST 2 MCRC-33186-2020 with co-accused persons were accompanying the deceased before his murder and when they returned from the spot, deceased was not accompanying them.

Counsel appearing for applicant submitted that he will also like to see the CCTV footage which has been provided to the State by the police station.

Let a copy of CCTV footage may be given to the counsel for the applicant.

List the matter after one week.

(VISHAL DHAGAT) JUDGE sp/-





Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2020.11.10
17:19:58 IST