GHAMANDI RAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dtd. 26/08/2022 passed in M.Cr.C. No. 37238/2022.

(2.) It is submitted by counsel for the applicant that the applicant has not committed any offence and he has falsely been implicated. Applicant is in custody since 15/07/2022. Initially offence registered under Ss. 324, 323, 294, 506, 147, 148 which were bailable offences. Thereafter, Sec. 307 of the IPC was enhanced. Later on deceased died, therefore, offence was enhanced under Sec. 302 of the IPC. When FIR was lodged, name of the present applicant was not reflected in the FIR and around 11 days later statement under Sec. 161 of the Cr.P.C was recorded then first time name of present applicant was reflected. Earlier co-accused Mukesh Rawat has been released on bail by this Court vide order dtd. 18/10/2022 passed in M.Cr.C. No. 43356/2022 and his case is on same footing to the present applicant. Remaining trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, on the basis of parity, prayed for grant of bail.

(3.) Learned State counsel has vehemently opposed the application. Hence, considering the nature and the gravity of offence, the applicant is not entitled for grant of bail.