CHATURBHUJ AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 93/2019 registered at P.S. Bharkach, District - Raisen (M.P.) for the offence punishable under sections 498-A, 304-B, 34 of IPC.

(2.) As per the prosecution story, the allegation against the applicants is that they alongwith other co-accused have caused murder of deceased Laxmi.

(3.) Learned counsel for the applicants submits that applicants are innocent and they are in custody since 20/12/2019. It is further submitted that two dying declaration of deceased Laxmi have been recorded, first by police constable and second by Naib Tahsildar and in both the dying declarations she has not deposed against the present applicants. She has just stated that accidentally fire caught place in her sari and she got burnt. Even in the first statement of his father recorded on 17/01/2019 he himself has stated that deceased has given the oral dying declaration in which she has not stated that applicants have any role in setting the deceased on fire. Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicants' absconding and tampering with the prosecution evidence and their further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicants on bail.