Madhya Pradesh High Court
Deepesh vs The State Of Madhya Pradesh on 2 December, 2016
M.Cr.C.No.19167 of 2016
1
02/12/2016
Shri Dhananjay Asati, Advocate for the applicants.
Ms. Hemlata Kshatriya, Panel Lawyer for the
respondent/State.
Though case diary is not available, but sufficient documents are available in form of copy of challan papers, so heard finally with the consent of counsel for the parties.
This is first bail application on behalf of the applicants under Section 439 of Cr.P.C.
Applicants Deepesh and Mukesh are in custody since 31.08.16 in connection with Crime No.147/2016 registered at Police Station Shahgarh, District Sagar(M.P.) for the offence punishable under Sections 302,324,294,506,323,326 of IPC.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that during dying declaration Girija does not stated that applicants Deepesh and Mukesh set her on fire. No discriminatory articles have been recovered from the possession of applicants. Lastly, counsel submitted that applicants are in custody since 31.08.16 and conclusion of trial would take considerable time. Therefore, the applicants are entitled to be released on bail.
Learned Panel Lawyer for the State has vehemently opposed the application on the ground that applicants actively participated during the incident and also beaten deceased Girija, then co-accused Kamlesh and Akhilesh set her on fire after M.Cr.C.No.19167 of 2016 2 pouring kerosene,therefore, the application deserves to be rejected.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case , the evidence collected by the prosecution, and looking to the nature and gravity of the accusation, I find that this is not a fit case for grant of bail to the applicants. Consequently, this application under Section 439 of the Cr.P.C. is hereby rejected.
(SUBHASH KAKADE)
Jk. JUDGE