VIVEK NAGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicants under Sec. 439 of the Cr.P.C. for grant of bail relating to Crime No.218 of 2023 registered at Police Station Gohad Chouraha, District Bhind (M.P.) for the offence under Sec. 395, 397, 294 of IPC and Sec. 11/13 of MPDVPK Act.

(2.) Allegation against the present applicants, in short, are that they along with co-accused persons in furtherance of their common object snatched away 315 bore gun from the complainant/Khadke @ Khadag Singh.

(3.) Learned counsel for the applicants argued that applicant is innocent and has been falsely implicated. The present FIR is counter blast of the FIR registered by the accused person against the complainant party vide crime No. 217/2023 at police station Gohad Chouraha, Dist. Bhind. The applicants are having no criminal antecedents and the gun has already been seized, therefore, custodial interrogation of the present applicants are not required any more. The applicants are in custody since 6/8/2023. Learned counsel for applicants has invited attention of this Court that co-accused Vikas Jatav has already been granted bail by this Court vide order dtd. 23/8/2023 passed in M.Cr.C. No.36740/2023; therefore, he seek parity. The applicants are permanent resident of District Gwalior (M.P.) and there is n o possibility of their absconsion or tampering with the prosecution evidence, if released on bail. On these grounds, he prays for grant of bail to the applicants.