Madhya Pradesh High Court
Kailash vs The State Of Madhya Pradesh on 29 April, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 15574-2021
(Kailash V/s. The state of M.P.)
Date: 29.04.2021:
Shri Omprakash Solanki, learned counsel for the applicant.
Shri Romil Malpani, learned Panel Lawyer for the respondent.
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This is the Third application filed under section 439 Cr.P.C seeking bail in connection with Crime No.251/2019 registered at police station Sagore, District Dhar for the offence punishable under section 302, 120-B of I.P.C. First bail application of the applicant was dismissed as withdrawn vide order dated 21.09.2020 passed in M.Cr.C.no.33504/2020. Thereafter second bail application bearing registration No.M.Cr.C.No.49287/2020 was dismissed as with liberty to renew his prayer after examining the star witnesses.
As per prosecution story, on 17.10.2019, informant Prahlad Dholi informed the police that his nephew Golul called him on mobile in morning at about 08:30 to inform that the dead body of Antarsingh is lying in the room situated at Auto Testing Track. He reached there and saw the dead body of his brother Anatar Singh. On this information police registered a merg No.29/2019. During the merg enquiry, after receiving the Autopsy report, it was found that unknown person has murdered the deceased by throttling. On this police registered a case under Section 302 of I.P.C. against the unknown persons on 18.10.2019. The statement of witnesses namely Gokul, Balram, Sevaram and Prahlad were recorded on 18.10.2019. During investigation, the call details of accused Anil were traced and he was arrested on 10.05.2020 at about 14:00 pm. Upon interrogation, the memo of accused Anil was prepared on 10.05.2020 at 14:20 pm and on the basis of memo of accused Anil, applicant was also arrested in the case on same day. The seizure of stick was made at the instance of applicant from the spot of crime. Thereafter, the statement of one witnesses namely Magan was recorded on 15.05.2020 regarding
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presence of accused person on the date of incident in the locality of crime. After completion of investigation, charge-sheet was filed.
Learned counsel for the applicant submits that applicant has been made accused in the present case on the basis of memorandum of Anil and statement of Magan recorded on 15.05.2020 under section 161 of Cr.P.C. Magan has been examined by the prosecution as PW-3 in the court and he has not supported the case of prosecution. In his statement under Section 161 of Cr.P.C. he saw the applicant alongwith deceased but in court statement he has denied this fact. Therefore, applicant is entitled for grant of bail.
Learned Panel Lawyer for the respondent/State submits that as on today only two prosecution witnesses have been examined. The prosecution is yet to be examined other prosecution witnesses, who establishes complicity of the accused, PW-2 has been hostile but he he has stated that the dead body of the Anter Singh was found in the room situated in the campus of auto testing. The applicant has no parity with the co-accused who has been granted bail by this Court vide order dated 04.09.2020 in M.Cr.C.No.29980/2020.
I have heard, learned counsel for the parties and perused the case diary (Challan), statement of the PW-1 and PW-2. It is too early to come to the conclusion that the applicant has been falsely implicated in the present case, there are other circumstances, which is liable to be established by the prosecution before the court. Therefore, at this stage no case is made out for grant of bail to the applicant. Accordingly, this M.Cr.C. is hereby dismissed.
C.c as per rules.
( VIVEK RUSIA ) JUDGE praveen PRAVEEN NAYAK 2021.05.03 18:47:10 +05'30'