DHARMENDRA YADAV Vs. STATE OF M P

JUDGEMENT

(1.) Heard .

(2.) On behalf of the applicants, this petition is preferred under Section 439 of Cr.P.C. for grant of bail to them, as they are in custody since 18.7.2014 in connection with Crime No.271/2014 registered at Police Station Babai District Hoshangabad for the offence under Sections 302/149, 147, 148, 342 and 307/149 of the IPC.

(3.) Learned senior advocate Shri Surendra Singh after taking me through the petition as well as papers placed on record, by referring the papers of the charge -sheet alongwith copy of the marg intimation, argued that the dead body of the deceased Sarwan son of complainant Girish Yadav was found outside their house, then intimation in this regard was given to the police by Girish Yadav, on which Marg intimation was registered and the police went to the spot and prepared spot map and other necessary papers and sent the dead body to the hospital to carry out the autopsy, so in such premise till 7 O'clock name of any of the accused was not disclosed either by the complainant Girish Yadav or by any other person and subsequently on registration of the crime, at the instance of said Girish Yadav, the complainant, names of the present applicants accompanied with the alleged co -accused were implicated as culprits in the matter. In continuation, he said that in the FIR, explanation regarding non -mentioning the names of the applicants and the other alleged co -accused in the Marg intimation has not been given. So in such premise, it is apparent that on registration of the offence at about 10.10 A.M. on the same day by fabricating false story, the applicants accompanied with the other accused have been implicated in the matter. He further said that such inconsistency of the Marg intimation, inquest proceedings and FIR alongwith the police report filed under section 173 of Cr.P.C. with the charge -sheet is sufficient circumstance to extend the benefit of bail to the applicants. He also said that on earlier occasion, their application was dismissed as withdrawn and not pressed with liberty to revive the prayer after examining Girish Yadav and his wife Likhi Yadav in trial, but in the circumstances argued by him which have been revealed from the copy of the charge - sheet and the Marg intimation report, this matter could be considered very well for grant of bail to the applicants even before recording depositions of above mentioned alleged witnesses. He also said that mere interrogatory statements and the averments of the FIR are not sufficient to reject the application of the applicants.