Bhupendra Patel vs The State Of Madhya Pradesh on 17 January, 2023

[Cites 5, Cited by 1]

Madhya Pradesh High Court

Bhupendra Patel vs The State Of Madhya Pradesh on 17 January, 2023

Bench: Anjuli Palo

                                                                          1
                                       IN     THE       HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                           ON THE 17 th OF JANUARY, 2023
                                                     MISC. CRIMINAL CASE No. 52440 of 2022

                                      BETWEEN:-
                                      BHUPENDRA PATEL S/O AMRITLAAL, AGED ABOUT 24
                                      YEAR S , R/O KADAM TOLA WARD NO. 11, POLICE
                                      STATION KOTMA, DISTRICT ANUPPUR (MADHYA
                                      PRADESH)

                                                                                                        .....APPLICANT
                                      (BY SHRI VAIBHAV KUMAR PANDEY - ADVOCATE)

                                      AND
                                      THE STATE OF MADHYA PRADESH THROUGH P.S.
                                      BHALUMADA    DISTRICG ANUPPUR   (MADHYA
                                      PRADESH)

                                                                                                      .....RESPONDENT
                                      (BY SHRI K.S. PATEL - PANEL LAWYER )

                                            This application coming on for admission this day, the court passed the
                                      following:
                                                                           ORDER

This i s fifth application filed by the applicant under Section 439 of Cr.P.C. seeking regular bail. All the earlier applications were dismissed on merit. First application M.Cr.C. No. 21818 of 2020 was dismissed as withdrawn vide order dated 18.8.2020. Second application M.Cr.C. No. 1718 of 2021 was dismissed on merit vide order dated 6.8.2021. Third application M.Cr.C. No. 1620 of 2022 was dismissed as withdrawn vide order dated 2.2.2022. Fourth Signature Not Verified SAN application M.Cr.C. No. 28049 was dismissed as withdrawn on 24.6.2022.

Digitally signed by PRADYUMNA BARVE Date: 2023.01.19 11:28:22 IST

The applicant is in custody since 11.12.2019 in connection with 2 Crime No.490/2019 registered at P.S. Bhalumada, District Anuppur for offences punishable under Sections 302/34 of the IPC and Section 25/27 of the Arms Act.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. Earlier application of the applicant was dismissed on the ground that a knife was seized from his possession whereas the knife was seized from the possession of co- accused Bhupendra Sharma. It is further submitted that the name of the present applicant is not mentioned in the FIR. The Test Identification Parade of the applicant has not been conducted in the case. Statements of two of the eye witnesses have been recorded before the trial Court. They have not supported the case of the prosecution and turned hostile. Co- accused Deepnarayan @ Deepu Kol has been released on bail by this Court vide order dated 27.1.2020 passed in M.Cr.C. No. 54593/2019 and co-accused Rajesh Kumar @ Sadan has been released on bail by this Court vide order dated 18.8.2020 passed in M.Cr.C. No. 8329/2020. The investigation is complete in the matter and challan has already been filed, hence, the applicant may be released on bail.

Learned Panel Lawyer has opposed the application.

I have heard learned counsel for the parties at length. As per the post mortem report, the cause of death of the deceased is hypovolemic shock due to excessive blood loss caused by damage of left femoral artery due Signature Not Verified to multiple deep stab wounds on back of left middle of thigh. As per SAN Digitally signed by PRADYUMNA BARVE prosecution's case, the deceased died due to the injuries caused by sharp Date: 2023.01.19 11:28:22 IST 3 object. The knife was recovered from the possession of the applicant. Co- accused Deepnarayan @ Deepu Kol, has been released on bail on the ground that he was not involved in the actual crime of murder. He was in the vehicle and after the crime, one co-accused fled away with the present applicant in the aforesaid vehicle. Another co-accused namely Rajesh Kumar @ Sadan was released on bail on the ground that he did not cause any injury by knife or gun shot and the injuries were caused by other co- accused persons. Another co-accused Vinod Kumar Prajapati @ Vinnoo has been released on bail by this Court on the ground that the injury by knife was caused by Bhupendra Patel and Bhupendra Sharma and the gun shot injury was caused by Chhotu Sardar. The case of the present applicant is different from the aforesaid co-accused persons, therefore, the applicant cannot claim parity with them.

Looking to the aforesaid facts and circumstances of the case, there are prima facie sufficient material on record showing the involvement of the applicant in the crime in question. The appreciation of evidence is not permissible at this stage. In view of aforesaid, I am not inclined to release the applicant on bail. Accordingly, the application is hereby dismissed.

(SMT. ANJULI PALO) JUDGE PB Signature Not Verified SAN Digitally signed by PRADYUMNA BARVE Date: 2023.01.19 11:28:22 IST

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