TEJNARAYAN SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) This is the third application for bail under Section 439 of Code of Criminal Procedure in the matter of arrest of the applicant in connection with Crime No. 30/09 for commission of offence under Sections 302/34, 120(B) of IPC, 25, 27 of the Arms Act read with Section 3(2)(v) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Shri Makhanlal Jatav, the then sitting MLA from Gohad was shot dead on 13.04.09 at about 20.00 hours. FIR was lodged by Shivraj in the intervening night of 13th and 14th April, 2009 at 0025 hours who was the security guard of Makhanlal Jatav. It was to the effect that the informant along with Balkrishna DograHead Constable No. 524. was accompanying Makhanlal Jatav on white coloured Bolero vehicle bearing registration No. HR04-N0261. They reached at village Thare at about 19.15 hours. Their own vehicle and that of the candidate Bhagirath Prasad reached to the place of election meeting at village Thare for addressing. In addition to them, driver Devendra and maternal uncle of Makhanlal Jatav, namely, Banwarilal Jatav were also sitting inside the vehicle. Vehicle moved slowly. When it reached at the door of Ramesh Kushwah, the MLA was busy in conversation with the persons following the vehicle on feet. Suddenly, he heard a noise of two bullet fires. The MLA fell down on the right towards driver's side inside the vehicle. MLA was shifted to middle seat by them. Upper portion of right ear was bleeding and the MLA had become unconscious. Passersby fled away from the seen. A towel was wrapped on the injury and the MLA was brought by the same vehicle to Sahara Hospital where he was declared dead. The incident was seen by the said person and many other villagers. On the basis of this FIR, Crime No. 30/09 was registered against the unknown.

(3.) On 19.04.09, the applicant was arrested for the alleged offence and was chargesheeted on 06.07.09 by submission of challan. He is in custody since 19.04.09.