RITESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant-Ritesh under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.228/2019 registered at Police Station-Oon, District-Khargone (MP) for the offence punishable under Sections 302 and 120-B of Indian Penal Code, 1860.

(2.) The applicant has been chargesheeted under the provisions of Sections 302 and 120-B of IPC and the matter is now under trial in the Court of Third Additional Sessions Judge, Khargone in Session Trial No.39/2019 and the accusation against the applicant is that he is involved in conspiracy to commit murder of one Govinda and the chief conspirator was accused-Omprakash and his son-Jitendra. Omprakash is the uncle of deceased-Govinda and the dispute was regarding the right to enter the disputed agricultural field. The deceased- Govinda had earlier been told by the accused persons not to enter into the disputed agricultural field. On the day of incident, the deceased-Govinda was accosted by the applicant and other accused persons in furtherance of conspiracy to murder him and later on he was done to death by inflicting injuries upon him.

(3.) Learned counsel for the applicant submits that co- accused-Akash has since been granted bail by this Court in MCRC No.444/2020 vide order dated 11.02.2020 in view of deposition of eye-witness-Shiva (PW/2) who had not named Akash.