(1.) Shri Manoj Chaturvedi, learned counsel for the objector. This is applicant's first application for bail under Section 439 of Cr.P.C. The applicant is in custody since 06.05.2020 in connection with Crime No.48/2020 registered at Police Station Salamatpur District Raisen (M.P.) for the offences punishable under Sections 302/34, 120-B of IPC and Section 25 of Arms Act.
(2.) The allegation against the applicant is that he conspired together with other co-accused persons to commit murder of one Pyare Khan. It is alleged that there was a land dispute between the parties, which led to the murder of Pyare Khan.
(3.) Learned counsel for the applicant has submitted that the applicant has been falsely involved in the matter, which is also apparent from his statement recorded by the police under Section 161 of Cr.P.C. during the course of investigation when he was considered as a witness wherein he has also admitted that one day prior to the incident the other co-accused persons had called him to give him a beating to the deceased and for which he had also gone to the spot, however since the deceased did not turn up on that day, he had come back and subsequently on the next date when the accused persons again called him, he refused to accompany them. The counsel has submitted that the applicant was not aware that the deceased would be dealt to death by the other co-accused persons. It is further submitted that there is no other tangible evidence available on record to connect the applicant with the murder and even as per the memo recorded by the other three other co-accused persons, nothing has been alleged against the applicant.