DEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first post-arrest application under Sec. 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 22/11/2022 in connection with Crime No.198/2020 registered at Police Station Civil Lines, Sagar District Sagar (M.P.) for the offence punishable under Ss. 302, 307, 325, 323, 294, 506, 147, 148, 149, 449, 452, 458, 459/34 of Indian Penal Code.

(2.) Learned counsel for the applicant sanguinely submits that the applicant has been made accused on the basis of memorandum, however, eyewitnesses have been examined in the trial Court including the son of deceased Rohit, who turned hostile and he did not identify the applicant nor supported the prosecution case, conversely stated that incident did not occur before him and he did not see the incident. He further submits that other accused persons have already been admitted to bail by this Court. On these grounds, he implores that the applicant may be enlarged on bail.

(3.) In contrast, learned counsel for State opposes the bail application and prays for its dismissal.