KUNDAN PAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 19.02.2020 by Police Station Unnav, District Datia (M.P.) in connection with Crime No.04/2020 registered in relation to the offences punishable u/Ss. 302, 201, 435 and 34 of IPC.

(3.) It is submitted by the counsel for the applicant that the incident is said to have taken place on 10.11.2019 of which the FIR is registered on 16.01.2020 and there is no explanation for the delay in registering the FIR. It is submitted that in the medical report, there are 100% burn injuries to the deceased and as per prosecution story, the deceased was found burnt in a dumper. Statement of the wife of the deceased was recorded on 17.01.2020. Despite of the fact that the identification of the body was got done on 11.11.2019 i.e. on the very next day of the incident. There is no eye witness to the incident. It is argued that some witnesses have deposed regarding some monetary transaction between the applicant and the deceased. The applicant is in custody since 19.02.2020 . The investigation is over in the matter and the charge sheet has been filed on 22.03.2020. There is no further requirement of custodial interrogation of the present applicant. The applicant is also not having criminal history. He happens to be a first offender and is ready to abide by all the terms and conditions which may be imposed by this court while considering the application for grant of bail. It is further stated that the applicant has shown his willingness to contribute an amount of Rs.25000/- towards the PM Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.