SAKARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. in Crime No.83/2018 under Sections 302 , 147 , 148 , 336 and 294 of the IPC registered at Police Station-Kalidevi, District- Jhabua. No other bail application has been preferred by them.

(2.) As per FIR lodged by wife of the deceased Babu, there is old enmity between the parties on possession of the land. As per the allegation of complainant, Tolkibai, Varsingh and his campaigns have dispossessed them from their land and they build a house and staying there. Earlier Varsingh along with co- accused persons have destroyed their house also. On the date of incident Dhansingh, Kadam and Thakur armed with sword, Revla and Narva having sticks along with Madan, Suresh, Monsingh, Kalu Delsingh, Ramesh, Bhuru, Somla, Vinod, Naru, Sakriya, Hindu, Duru, Mansingh, Kullu having stones in their hands assaulted them stating that they will not allow them to stay on the land. Dhansingh and Kadam inflicted sword on the deceased Babu who died on the spot. Revla and Narva also beat him with the sticks and all the accused persons ran away from the spot.

(3.) It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in the present case. There is no evidence against them. Conclud of trial is likely to take time. The petitioners are permanent resident of Jhabua. There is no possibility of their absconding. The accused/petitioners are in custody since 12.10.2018. Investigation is over. Charge sheet has been filed. They are ready to furnish adequate security, therefore, they be released on bail.