Girraj vs State Of M.P

G.S.Ahluwalia, J

Heard on I.A.No.9695/2021, this is an application under Section 301(2) of Cr.P.C. for assisting the Public Prosecutor.

For the reasons mentioned in the application, the same is allowed.

Shri R.K.Bhatt, Advocate is permitted to assist the Public Prosecutor.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 28/01/2021 in connection with Crime No.142/2020, registered at Police Station Chinor, District Gwalior for offence under Sections 307, 302, 456, 506/34 of IPC.

It is submitted by the counsel for the applicant that the applicant has been falsely implicated and nobody has witnessed the incident of gunshot firing. This Court has also granted bail to the co-accused Ravi Baghel.

According to the prosecution case the applicant alongwith co-accused Ravi and Vinod @ Chotu entered inside the house of the deceased and fired a gun shot. The witnesses have stated that they had seen the applicant entering inside the house as well as running out of the house and he was also having a country made pistol in his hand.

So far as the bail, which has been granted to Ravi Baghel by order dated 28/12/2020 passed in MCRC No.52495/2020 is concerned, there was no allegation that Ravi was also armed with fire arm whereas, the allegation against the applicant is that he was armed with fire arm. This Court by order dated 18/02/2021 passed in CRR No.209/2021 has already been dismissed prayer for release filed by juvenile.

As no case is made out for grant of bail to the applicant.

Accordingly, the application fails and is hereby dismissed.