LAWS(MPH)-2019-11-239

AMANA JATAV Vs. STATE OF MADHYA PRADESH

Decided On November 11, 2019
Amana Jatav Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 15-07-2019, in connection with Crime No.26/2019, registered at Police Station Surpura District Bhind for the offence punishable under Sections 302, 506, 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 15-07-2019. Apparently, as per allegation, deceased was brother-in-law (Jeeja) of the applicant and since he misbehaved with the sister of applicant (wife of the deceased) therefore, he along with his father went at their's sister place where commotion took place. No mens rea is involved in the incident. Without any criminal antecedents, applicant who is aged 18 years and student, is suffering confinement for almost 4 months, which amounts to pretrial detention.

(3.) Charge-sheet has already been filed. He undertakes to cooperate in the investigation and trial and to appear before the trial Court as and when required and further undertakes to do some community service. Thus, prayed for bail.