PAPPU Vs. STATE OF MP

JUDGEMENT

(1.) This third application under Section 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 6.12.2018 in connection with Crime No.306/2018 registered at Police Station Bahadurpur, District Ashoknagar for offence under Sections 307 , 302 , 34 of IPC.

(3.) It is submitted by the counsel for the applicant that the applicant is in jail from 6.12.2018. According to the dying declaration of the deceased, the applicant as well as the co-accused persons were fighting with the deceased. She was dragged out her house. Thereafter the co-accused Mullo after pouring kerosene oil set her on fire. It is submitted by the counsel for the applicant that the applicant was not aware of the fact that the co-accused Mullo will act in such a manner. There is no allegation in the dying declaration to the fact that the applicant had ever instigated the co-accused Mullo to kill the deceased. In fact the applicant was not sharing common intention. The applicant is in jail for the last one and half years. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.