SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.480/2020 registered at Police Station-Kotwali, District Khandwa (M.P.), for the offence punishable under Sections 302, 34, 201, 212 and 120- B of the Indian Penal Code and Section 25(2) of the Arms Act.

(3.) Learned counsel for the applicant submits that as per the case of the prosecution the only allegation against the present applicant is that he supplied a knife to the main accused before 20-25 days of the date of incident. He further submits that no seizure has been made from the present applicant. He also submits that though a case of criminal conspiracy has been projected by the prosecution only on the basis of memorandum of the co-accused person namely Nigam Patel which, according to him, is not admissible. He also submits that to substantiate any criminal conspiracy as has been projected by the prosecution neither any evidence nor any material has been produced by the prosecution. He submits that the applicant is in jail since 29.07.2020, therefore, he may be enlarged on bail.