DEEPAK SANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers.

(2.) This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.174/2021 registered at Police Station Boda, District Rajgarh (MP) for offence punishable under Sec. 307, 147, 148, 149, 353, 332, 506, 427, 186, 333 of IPC, Sec. 25, 27 of Arms Act and Sec. 34(2) of the M.P. Excise Act. The applicant is in custody since 16/08/2022.

(3.) Counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on the basis of memo prepared under Sec. 27 of the Evidence Act and there is no overt act attributed to him, he was also not present on the spot when the incident took place as according to him, he was present in the State Bank of India branch Subash Chowk, Pachor and he has also applied for CCTV footage of the Bank of the relevant time, however, the Bank has informed that the CCTV footage is kept only for 90 days, hence, the same cannot be supplied to him. Counsel has placed on record the receipt of amount deposited by him in the Bank on the date of incident. It is further submitted that the applicant is a private Teacher and has no other criminal record to his credit and the applicant himself has surrendered after his application for anticipatory bail was rejected by this Court. It is submitted that the applicant is lodged in jail since 16/08/2022 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.