Madhya Pradesh High Court
Gautam Patel vs The State Of Madhya Pradesh on 7 November, 2014
M.Cr.C. No.16837/2014
07/11/2014
Shri Narayan Prasad Dubey Senior Advocate with Shri D.R.
Choudhary, learned counsel for the applicant/accused.
Shri R.P. Tiwari, learned PP for the respondent/State.
Shri S.R. Siddiqui, learned counsel for the objector. Case diary is available.
This is the first bail application filed by the applicant/accused under Sec. 438 of Cr.P.C. for grant of anticipatory bail apprehending his arrest in connection with Crime No. 193/2014 registered at Police Station Khamaria, Distt. Jabalpur for offences registered under sections 302, 120B r/w sec. 34 of the IPC.
Learned counsel for the applicant/accused submits that there is no evidence in the case diary against the applicant/accused to connect him with the murder of the deceased Pooran @ Hallu. The applicant/accused has been falsely roped in this case on the basis of the coaccused Narroo @ Narayan Patel's statement recorded under Section 27 of the Evidence Act, which is not admissible against the applicant/accused. On the aforesaid ground, learned counsel has prayed for grant of anticipatory bail.
Learned PP and the counsel for the objector opposing the submission have stated that it is a case of murder and the alleged knife, used in the murder of the deceased, is to be recovered from the applicant/accused, hence the application filed by the applicant/accused be dismissed.
On perusal of the coaccused Narroo @ Narayan Patel statement recorded under Section 27 of the Evidence Act it is evident that the applicant/accused and coaccused committed murder of the deceased. Since the effective investigation is required in this case and the alleged weapon used in the commission of murder is also to be recovered from the applicant/accused, this Court does not deem it fit to grant anticipatory bail to the applicant/accused. Therefore, the application is dismissed.
Certified copy as per rules.
M.Cr.C. stands disposed of.
(M.K.Mudgal ) Judge mq/