KAMLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.314/2019 registered at Police Station Bhikangaon, District Khargone (MP) for offence punishable under Sections 294, 323 and 307/34 of the Indian Penal Code, 1860.

(2.) As per prosecution story, on 12.09.2019, injured Savan along with his two friends had gone to see "jhaki'. At that time, on some trivial issue, dispute arose between the accused persons and the injured. Allegedly, abuses were hurled and one of the co-accused i.e. Golu @ Abhishek assaulted injured by means of knife. On the basis of the said allegations, an FIR came into existence and the applicant was arrested on 15.09.2019.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. Neither the applicant is named in the FIR nor in the statement of the complainant and other witnesses recorded under Section 161 of the Code of Criminal Procedure, 1973. He could not be identified by the complainant in Test Identication Parade also. It is further submitted that one motorcycle bearing registration number MP -10 MV-6984 alleged to have been recovered on the basis of memorandum of the present applicant recorded under Section 27 of the Indian Evidence Act, 1872. However, according to the version of the FIR, the assailants fled away from the place of occurrence leaving the motorcycle on the spot. Therefore, the said recovery is meaning less. It is further submitted that the applicant is not the registered owner of the aforesaid motorcycle. No weapon used in the incident has been recovered from the applicant. His earlier bail application was dismissed as withdrawn by this Court vide order dated 15.10.2019 passed in Miscellaneous Criminal Case No.41671/2019 granting liberty to renew his prayer after filing of the charge sheet. Now the investigation is over and charge sheet has been filed. The applicant is in custody since 15.09.2019. Conclusion of the trial will take sufficiently long time. Under these circumstance, learned counsel for the applicant prays for grant of bail to the applicant.