ROOP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 18/1/2021 in connection with Crime No.45/2021, registered at Police Station Bhanpura District Mandsaur (M.P.) for commission of offence punishable under Sec. (s) 307 r/W 34 of IPC & 25/27 of Arms Act.

(2.) Learned counsel for the applicant submits that applicant has not committed any offence. Statements of complainant Poonamchand as well as injured Pankaj and other prosecution witnesses have been recorded and none of them have identified the applicant. He has been implicated in the matter only on the basis of memorandum statement of co-accused Nathulal who was caught on the spot at the time of incident. Co-accysed Dheerap has been enlarged on bail by this Court vide order dtd. 24/2/2022 passed in MCRC No.9781/2022. Thus, he has been falsely implicated in the matter. Investigation is complete and chargsheet has been filed.

(3.) Learned counsel for respondent/State opposes the application supporting the order impugned.