RAKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this First bail application u/S. 439 Cr.P.C. for grant of bail. Applicant has been arrested on 22/1/2021 by Police Station, Jaura, District Morena, in connection with Crime No. 819/2020 for the offence punishable under Sec. 302 of IPC.

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 22/1/2021 and charge-sheet has already been filed. It is further submitted that it is a case of accident which is tried to be converted into an offence under Sec. 302 of IPC to rope in the applicant as accused. Learned counsel referred Naksha Panchayatnama to submit that initially family members of the deceased accepted the fact that because of accident he suffered injury and incidentally all the injuries are Abrasions. Even, initial statement of cousin of the deceased indicates that it was a case of accident and not a criminal act of present applicant. Later on, apprehension was made by the family members of deceased and just on the basis of apprehension, applicant has been arrested. Medical report and circumstances as reflected in the charge-sheet belie the allegations. Except one case of Sec. 34 of the Excise Act, applicant does not bear any criminal record. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner and shall not move in their vicinity. On these premises, he prayed for bail.

(3.) Learned counsel for the State as well as learned counsel for the complainant opposed the prayer and prayed for dismissal of the application.