JHANGLU BAIGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fourth application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.32/2022 dated (not mentioned) registered at Police Station Karan Pathar District Anuppur for the offence punishable under Ss. 302, 201 of IPC. Applicant is in custody since 6/2/2022.

(2.) Earlier bail application (M.Cr.C No. 12531 of 2023) was dismissed as withdrawn with liberty to file after examination of the doctor vide order dtd. 5/4/2023.

(3.) Counsel for the applicant has submitted that this is a case of circumstantial evidence and as per case of the prosecution, applicant being husband of the deceased was not in a position to even move freely and independently, therefore, it cannot be expected from him to commit the crime of murder of his wife. He submitted that statement of witnesses recorded after almost 6 days of the incident. According to him, the present applicant has been falsely implicated merely because he was husband of the deceased but considering his physical condition as he was over drunked, the crime could not have been committed by him and it is clear that applicant has been falsely implicated in the alleged offence. Under such circumstance, applicant bail application may be considered.