DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.624/2022, registered at Police Station - Nanakheda, District Ujjain (M.P.) for offences punishable under Ss. 147, 148, 149, 294, 323, 324 and 307 of IPC. The applicant is in custody since 30/10/2022.

(2.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the alleged offence. There is no legal evidence to connect the present applicant with the alleged offence. Investigation is over and charge-sheet has been filed. Present applicant is implicated in the offence only on the basis of the memorandum under Sec. 27 of the Indian Evidence Act given by the co-accused. It is the co-accused Lokesh and Harshu, who have caused injury to the victim and there is no role attributed to the present applicant. No Test Identification Parade has been conducted by the Investigating Agency to strengthen the fact that the applicant was a part of the alleged incident. Applicant has no criminal antecedents. He is in custody since 30/10/2022. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail.

(3.) On the other hand, learned Panel Lawyer for the non-applicant/State opposed the prayer and prays for its rejection.