SURENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through Video Conferencing

(2.) The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13.06.2019 by Police Station Nai Saraye, District Ashoknagar, in connection with Crime No.55/2019, registered for offence under Sections 302 , 147 , 148 , 149 , 294 and 323 of IPC. His earlier bail applications were dismissed as withdrawn by this court.

(3.) It is the submission of learned counsel for the applicant that applicant is suffering in confinement on false pretext. Counsel for the applicant referred the letter dated 28.02.2020 written by Station House Officer, Police Station Nai Saraye, District Ashoknagar addressed to Trial Court and report of Cyber Forensic Lab, Bhopal containing digital forensic examination report dated 12.12.2019 and subsequent report filed by the Cyber Forensic Lab, Bhopal indicates that photograph submitted by the applicant was in support of his innocence on the basis of plea of alibi. From perusal of Metadata of photograph, it is prima facie clear that the present applicant was present at Bakaspur Village Khajuri, Tahsil Badarwas, District Ashoknagar on 02.04.2019 at about 1.34 pm and time of incident is around 1.30 pm - 2.00 pm on the same day at Village Ranga, Tahsil Nai Saraye, District Ashoknagar. The distance of place of incident is around 60 kms.- 70 kms. from the place where applicant was present at 1.34 pm. Such distance can only be covered by the applicant in not less than one hour at least. Therefore, Metadata of photo and report indicate that he was present at that time at a place 60 kms.-70 kms. away from the place of incident and no tampering has been made in photograph.