TILAK KURMI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CASE diary is available. After investigation, charge -sheet has already been filed.

(2.) THIS is first bail application filed by the applicant -accused under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.411/2014 registered at Police Station Khurai, District Sagar for offence under Section 302 read with 34 of the IPC.

(3.) LEARNED Public Prosecutor for the State opposing the submissions made on behalf of the applicant -accused has submitted that the facts of the cited cases are quite distinguishable from this case at this stage because the said judgments are based on the consideration of the merits of the evidence whereas in the instant case the matter is pending before this court for bail. Apart from this, as per statements of the witnesses, it has come on record that the day before the incident, a dispute arose between the applicant -accused and the deceased owing to which the alleged offence was committed by the applicant -accused and his brother with preplanned and premeditated. Hence, in the such circumstances, at this stage, without recording the evidence on merit, the arguments putforth by the applicant -accused cannot be accepted. On the aforesaid grounds, learned Public Prosecutor has prayed for rejection of the bail application.