NADEEM KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 26/2/2022 by Police Station Sironj District Vidisha in connection with Crime No.92/2022 registered for offence under Sec. 147, 148, 149 and 302 of IPC.

(2.) It is the submission of learned counsel for the applicant that he is suffering confinement since 26/2/2022 on false pretext and suffers for over implication. No role of the applicant can be assigned in specific terms in commission of offence.

(3.) Learned counsel for the applicant raised the point that incident is dtd. 24/2/2022 and memo under Sec. 27 of the Evidence Act of applicant was taken on 26/2/2022 at 7:10 pm. Weapon (stick) was seized from the applicant same day at 8:15 pm which is reflected from the property seizure memo, whereas applicant was arrested at 8:45 pm which is clear from the arrest memo of the applicant. According to learned counsel, it is improbable to take memo under Sec. 27 of the Evidence Act and to seize weapon used in the crime at the instance of applicant prior to his Arrest. It appears that false case has been registered against the applicant. He relied upon the judgment of Division Bench of this Court in the matter of Bibhacha alias Baibachha v. State of Orissa, 1998 CriLJ 1553. Thus, prayed for grant of bail.