Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 9 January, 2018
HIGH COURT OF MADHYA PRADESH
Page no 1
M.Cr.C. No. 23383/2017
( Rajesh S/o Brajesh Chaad and another Vs. State of M.P. )
Indore, dated 09/01/2018
Shri Pradeep Gupta learned counsel for the applicants.
Shri Sudarshan Joshi, GA for the respondent/State.
Shri Bhagwan Singh, counsel for the objector. Heard. Case diary perused.
This is first application under section 439 of Cr.P.C for grant of bail in connection with the Crime no. 46/2017 registered at police station - Karhi, Dist- Khargone for commission of the offence punishable under sections 302/34, 120-B, 170, 171, 417, 468 of IPC and Sections 25 & 27 of the Arms Act.
As per the prosecution story, on 27/03/2017 at about 6.30 am, the deceased Roopsingh along with Ramkrishna, Ashok, Kalu and Mukesh had went to take bath on Narmada River situated at village - Pitamali. At the same time, accused Shri Ram along with two other persons in police uniform reached there by motorcycle and called the Roopsingh. It is further alleged that Roopsingh along with the aforesaid persons reached there and at that time, accused Shri Ram fired gun shot on him and other two accused persons also caused injuries to Roopsingh by fire arms and gupti, due to which, he died on the spot and after that all the accused persons fled away from the spot.
Learned counsel for the applicants submitted that the applicants are innocent persons and they have been falsely implicated in the present matter. Neither the name of the applicants nor their description ( huliya) are mentioned in the Dehati Nalishi as well as the FIR. The applicants were arrested HIGH COURT OF MADHYA PRADESH Page no 2 on 05/04/2017. They were on police remand upto 11/04/2017 and during this period, no T.I.P has arranged. The identification parade was held on 04/05/2017 i.e. after one month of their arrest. In the arrest memo, it has not been mentioned that the applicants were kept in veil (parada ), therefore, this identification parade has no value. As per the postmortem report, only one gun shot injury was found on the body of the deceased, therefore the story of the prosecution that all the three accused persons had fired gun shot on the deceased appears to be false. From the balastic expert report, it is clear that no fire was found on the body of the deceased from the fire arms which was recovered from the applicants. In the spot map, the police has not disclosed from where the witness has seen the incident. The applicants are in custody since 05/04/2017 without any specific reason. Investigation is over and charge sheet has been filed. Conclusion of the trial will take time. Other co-accused persons namely Deepak, Shyam, Devendra Singh, Manoj Singh, Iqbal have been granted bail by the co-ordinate Bench of this Court. In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
On the other hand, learned public prosecutor for the respondent / State as well as the learned counsel for the objector opposed the application and contended that the applicants are the persons who committed murder of the deceased. As per the DNA test report, genetic marker found on the clothes of the deceased and on the articles recovered from the applicants are identical and therefore, it cannot be said that there is no scientific evidence in the matter to connect the applicant with the present crime. Apart from that, the ocular evidence is available, therefore, no sufficient ground is made HIGH COURT OF MADHYA PRADESH Page no 3 out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
After considering the arguments advanced by learned counsel for the applicant as also looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the applicant. Accordingly, present application is dismissed.
Certified copy as per rules.
(S.K. AWASTHI) JUDGE AMOL N MAHANAG 2018.01.10 15:43:36 +05'30'