RAHUL BANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant/Rahu Bandre has filed this first bail application under Sec. 439 of CrPC in connection with Crime No.562/2021 under Ss. 436 of IPC registered at police station Pandurna, District Chhindwara (M.P) and applicant is in custody since 21/11/2021.

(2.) Learned counsel for the applicant submits that the investigation is complete and charge sheet has been filed. Applicant is student aged about 21 years. He has been falsely implicated on account of old family enmity. Placing reliance on spot map, it is submitted that applicant has instruction to submit that place of incident and farm contained in Survey No. 142/5 where complainant party was working in their field is at distance of about 200 metre. However it is admitted in the spot map concerned I.O/Patwari have not given any distance between place of incident and place from where incident was witnessed by the complainant. He could not have been identified from a distance of about 200 metres. On aforesaid grounds prayer is made to enlarge applicant on bail.

(3.) Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant, however admits that this is first offence of applicant.