MANOHAR MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 518/2019 registered at Police Station-Lasudiya, District-Indore (M.P.) for commission of the offences under Sections 302, 294, 341, 34 of IPC.

(2.) As per the prosecution case, deceased Harisharan Yadav was brother (Muh-bola bhai) of complainant Babita Bai and her husband accused Tejkaran was not happy with his relationship. On 02.05.2019 at about 5 P.M. near Omax City-I Garden when the deceased with the daughter of Babita Bai, Kumari Komal was going by his bike and the present applicant Manohar caught him, then the accused Tejkaran stabbed him with a knife due to which he sustained injury and he died during treatment. Komal informed the incident to her mother Babita Bai and Babita Bai lodged a report at the police station Lasudia Indore. On the basis of which the case under Sections 302, 294, 341, 34 of IPC was registered against the applicant.

(3.) Learned counsel for the applicant submits that Babita Bai was not present at the spot and her statement is based on the information given by her daughter Komal. According to the statement of Komal she informed her mother that her father Tejkaran gave a knife blow to deceased Harisharan, however, she has not made any allegation against the present applicant Manohar. During pendency of the bail application, complainant Babita Bai submitted an affidavit disclosing that the present applicant was not present on the spot at the time of incident and due to some dispute she mentioned his name in FIR, which is also substantiated with the fact that after completion of investigation, police filed the closure report against the applicant. The applicant is in custody since 03.05.2019. The investigation is over and charge sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.