LAWS(MPH)-2014-5-20

DEEPU RATHORE. Vs. STATE OF M.P

Decided On May 13, 2014
Deepu Rathore. Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) CASE Diary is perused.

(2.) LEARNED counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kurwai, District Vidisha in connection with Crime No.19/2014 registered in relation to the offences punishable u/Ss. 364 -A, 307, 323, 147, 148 and 149 of IPC.

(3.) CONSIDERING the facts that applicant is in custody since 26.01.2014. Investigation has been completed and the charge -sheet has been filed u/S. 364 -A but on prima facie assessment of prosecution story discloses that one of the basic ingredients of asking for ransom after kidnapping and abduction is missing. The other allegation is of indiscriminate firing against the applicant in which one Shri Subhash is said to have been injured who has received gun shot injury. Statement of Subhash does not disclose the name of the assailant and therefore the possibility of the applicant wielding a fire arm cannot be ruled out. No fire arm has been seized from the applicant.