SHUBHAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing. The Applicant is an accused in Crime No. 377/19 registered at P.S. Bagsevaniya, District Bhopal, under sections 302 , 201 / 34 , 120-B of IPC and 25 of Arms Act .

(2.) The present application has been filed by the Applicant who is in judicial custody since 28/05/19 for the aforementioned offences. Ld. Counsel for the Applicant has stated that the Applicant is innocent and has been wrongly implicated in this case by the police. According to him, the Applicant has been implicated in the case solely based on the memorandum under section 27 of the Evidence Act of the co-accused as well as his own memorandum under section 27 . He has further stated that no recovery has been made from the Applicant herein.

(3.) Ld. Counsel for the State, while opposing the application, has submitted that the Applicant has actively participated in the offence and was one of the four persons, besides the main accused who had stabbed the deceased. Ld. Counsel for the State has also read out from the statement u/s. 164 Cr.P.C of an eyewitness, Ajay Narwade. Admittedly, this witness has not taken the name of the Applicant in the 164 statement but has referred to four other persons involved in the offence. Ld. Counsel for the State has also submitted, upon a query by this court, that no test identification parade was carried out to identify whether the Applicant was one of the four other persons involved in the crime. The facts pertain to the murder of one Vimal by the co-accused person's and the Applicant.