LAWS(MPH)-2016-5-62

DEVI SINGH Vs. STATE OF MADHYA PRADESH

Decided On May 31, 2016
DEVI SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Case Diary is perused. Learned counsel for the rival parties are heard. The applicant has filed this 1st bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Guna, District Raghogarh in connection with Crime No.35/2016 registered in relation to the offences punishable u/Ss. 302 read with Sec 34 of IPC.

(2.) Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

(3.) The applicant is in custody since 14.02.2016. Chargsheet has been filed where allegation of murder is alleged. The incident took place on 08.01.2016. Dead body of Hanumant was found. It was subjected to post -mortem where asphyxia has been shown as cause of death. Statements of eye -witnesses Banwari and Pappu recorded on 13.02.2016 were implicative in nature. The motive behind the murder shown by the prosecution is illicit releationship between the wife of the deceased and Harpreet, brother in law of the co -accused Toran.