SARJU DAS PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second bail application u/s. 439 Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C. no. 11558 of 2021 was dismissed on merits on 9.3.2021.

(2.) The applicant has been arrested on 10.12.2019 by Police Station Girawati district Gwalior in connection with Crime No. 285 of 2020 registered in relation to the offence punishable u/s. 302 of IPC.

(3.) It is submitted by counsel for the applicant that while arguing first application, the counsel appearing for the State has made a statement that other co-accused Kallu has not surrendered till date and he is not cooperating in the investigation. It is submitted that there is no other co-accused in the case, therefore, the statement made earlier by State counsel was incorrect statement. It is submitted that material witnesses examined in the case have not supported the story of prosecution, It is submitted that statement of PW6 Naval Kishore Prajapati has been recorded wherein, he has though stated against the the present applicant but in para 2 of the statement he has categorically stated that he has not seen the incident. It is argued that he is not eye witness of the incident. Counsel for the applicant submits that the applicant is a first offender having no criminal history. He relied upon the judgment of Hon'ble Apex Court in the case of Mula Devi and Another Vs. State of Uttarakhand reported in (2009) 2 SCC (Cri) 854 and has argued that in that case also, the matter pertains to offence under Section 302 of IPC wherein, in similar circumstances, the benefit was granted by Hon'ble Supreme Court to the applicant of that case. The facts of that case are similar to that of present case. the applicant is ready to abide with all the conditions as may be imposed by this court. He has also expressed his willingness to render social services during this Covid 19 Pandemic. On these grounds, he prayed for grant of bail.