SHANKAR KEWAT Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is First application of the applicants Shankar Kewat, Rajesh @ Bablu Kewat, Sabban @ Anil Kewat and Suryadeen Kewat filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.264/2018 registered at Police Station Hanumana, District Rewa for the offence punishable under Sections 364 , 302 , 201 , 34 of IPC.

(2.) As per the prosecution case, on 10.08.2018 at 7:30 PM applicants Shankar Kewat, Sabban Kewat, Bablu Kewat and Suryadeen Kewat and co-accused Lalwa @ Sunil Kewat and Jagannath Kewat came to complainant Budhsen Yadav's house situated at village Semariya Tora and abused him. When he objected they assaulted him by kicks and fists. When Tersibai and Hinchlal came to rescue him they assaulted them as well. Applicants Shankar Kewat, Sabban Kewat, Bablu Kewat and Suryadeen Kewat and co-accused Lalwa @ Sunil Kewat and Jagannath Kewat also took deceased Chhotelal along with them in a tractor. Thereafter on 13.08.2018 dead body of Chhote Lal was found in Anil Kumar Pathak's well. On that police registered Crime No.264/2018 for the offence punishable under Section 302 , 364 , 201 , 34 of IPC against the applicants and co-accused persons.

(3.) Learned counsel for the applicants submits that applicants have not committed any offence and have falsely been implicated in the offence. It is alleged that on 10.08.2018 applicants and co-accused assaulted Budhsen and deceased Chhotelal and thereafter they took Chhotelal. While on 10.08.2018 soon after the incident complainant Budhsen lodged the report at police chowki Hata wherein it is not mentioned that applicants and co-accused took deceased Chhotelal with them. On the other hand, it is mentioned that Chhotelal was missing since the incident. If the applicants had taken Chhotelal with them on 10/08/18, then the complainant Budhsen would have mentioned this fact in his report which was lodged by him soon after the incident on 10/08/18. It is alleged that applicants and co-accused took Chhotelal on 10.08.2018 while complainant informed the police that fact on 12/08/18 which shows that police falsely implicated the applicants in the crime. There is no direct evidence on record to show that applicants murdered Chhotelal. The applicants are in custody since 28.01.2019 and conclusion of the trial is likely to take a long time, hence prayed for the release of the applicants on bail.