SOMESH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 30.08.2019 in connection with Crime No. 98/2019 registered by Police Station Gourjhamar, District Sagar for offence punishable under Sections 302, 323, 147, 148 and 149 of IPC.

(2.) As per prosecution case, it is alleged that on 10/5/2019 at 11:00 hrs on Gaurjhamar and Rahli Road near village Salawara the present applicant along with co-accused on suspicion of illegal sale of liquor caused grievous injuries to deceased Jamuniya with lathi-danda and plastic pipe, as a result he died on the way to hospital.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. The applicant is in jail since 30.08.2019. It is further submitted that co-accused persons have already been enlarged on bail by this Court vide order dated 16.08.2019 passed in M.Cr.C. No. 24518/2019 and the case of the present applicant is similar to that of the co-accused. The charge-sheet has been filed and the trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds as well as on the ground of parity, prayer is made to enlarge the applicant on bail.