RAHUL JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439 of CrPC for grant of bail.

(2.) The applicant has been arrested on 22.8.2017 in connection with Crime No.531/2017 registered by Police Station Kotwali, District Ashoknagar for offence punishable under Sections 363 , 302 , 201 , 404 , 34 of IPC.

(3.) It is submitted by the counsel for the applicant that the applicant is in jail from 22.8.2017. According to the prosecution case, on 14.8.2017 a minor boy aged about 15 years went missing and his dead body was recovered on 20.8.2017 and the applicant has been arrested on 22.8.2017. From the possession of the applicant one towel has been seized which according to the prosecution was used for strangulation of the deceased. There is no other evidence against the applicant except the confessional statements of the co-accused persons which are not admissible. The applicant is in jail for the last 4 months and the trial is likely to take sufficiently long time. It is further submitted that in the case of circumstantial evidence the prosecution has to establish each and every chain of circumstance beyond reasonable doubt and unless and until the chain of circumstance is complete the applicant cannot be convicted. It is further submitted that in case if the applicant is not granted bail and if he is forced to face the trial as an under trial prisoner and in case of his acquittal it would be very difficult for anybody including the State to set the clock back and the golden period of the applicant would be spoiled in the jail. It is further submitted that in the entire case diary there is no motive for the applicant to commit murder of the deceased Gautam.