RAJU Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT Raju prays for bail u/s 438 Cr.P.C. in a case u/s 307/34 of the I.P.C.

(2.) APPLICANT is not named in the F.I.R. The victim's dying declaration was also recorded in this case on 26.1.92. Till that stage the applicant was not introduced in the case as one of the assailants.

(3.) IF the entire prosecution case is believed then a case u/s. 307 of the IPC is, at best, made out against the petitioner. Considering the fact that the applicant's name was not mentioned in the F.I.R. and he was not named by the injured himself. No weapon has yet been recovered from the applicant. The applicant is 21 years of age as mentioned in the challan. If he is sent to jail at this stage there are every chances of his coming out as a confirmed criminal. Considering the fact." that he is not named in the F.I.R. and that his name has come for the first time in the st.1tements of the witnesses u/s. 161 Cr. P.C. on 31.1.92, I think the applicant may be granted bail. The co -accused has also been granted bail by the High Court on 15.6.92.