MCRC/53116/2020 of SHANKER Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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The High Court Of Madhya PradeshMCRC-53116-2020

(SHANKERVs THE STATE OF MADHYA PRADESH)

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[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Mr. Deepak Awasthi, Advocate for the applicant.

Mr. J.S. Hora, Panel Lawyer for the State.

With the consent finally heard.

This is first bail application filed under Section 439 of Cr.P.C. forgrant of bail to the applicant- Shanker in connection with Crime No.95/2020,registered at Police Station Jeron, District Niwari (M.P.) for offences underSections 147, 148, 149, 460, 307, 302, 323, 506 of IPC.

Learned counsel for the applicant submits that the applicant has beenfalsely implicated. The incident had taken place on 21.04.2020, wherein threepersons were injured, out of which Smt. Vati died on 25.04.2020. The FIR isbelatedly lodged on 26.04.2020. There is no plausible/justifiable explanationof delay in lodging FIR. There is no trustworthy eye-witness to be trusted sofar as the role of present applicant is concerned. The applicant remained in jailfor sufficient time. The trial will taken time and, therefore, applicant be enlargeon bail.

Prayer is opposed by the learned panel lawyer.

This Court on 23.11.2020 rejected the bail application of co-accusedpersons, namely, Gilonji Kushwaha and Chhotelal Kushwaha on the groundthat their names find mentioned in FIR and in the statements of witnesses.The offences are also based on Section 147, 148 & 149 of IPC. Indisputably,the name of present applicant also find place in the FIR and in the statementsrecorded under Section 161 of Cr.P.C. Thus, no case is made out forgranting bail to the present applicant.

Accordingly, present bail application is rejected.

Signature Not VerifiedSAN