RAM AWTAR Vs. STATE OF MP

JUDGEMENT

(1.) This eighth application under Section 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 23.5.2017 in connection with Crime No.224/2015 registered at Police Station Kotwali, District Shivpuri for offence under Sections 436 , 307 , 302 and 304-B of IPC.

(3.) It is submitted by the counsel for the applicant that although it is alleged that four persons were killed by pouring kerosene oil, however, the witnesses are not turning up. Further the applicant had no grievance against the deceased persons. He has been falsely implicated because he is closely related to other co-accused persons. With regard to the non-appearance of the witnesses, the applicant has filed the copy of the order sheets which clearly indicates that in spite of service of summons/bailable warrants Naib Tahsildar Mala Sharma as well as Dr. Yogendra and Dr. Rishabh are not appearing before the Trial Court. The applicant is in jail for the last more than three years and he cannot be allowed to remain in jail at the mercy of the prosecution.