Jitendra Patel vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 160/2020 registered at P.S. Lor, District- Mouganj (M.P.) for the offence punishable under sections 302, 201 and 120-B of IPC.

According to the case of prosecution, the allegation against the applicant is that he alongwith co-accused Sangeeta Patel committed the murder of deceased Savitri Patel and tried to disappear the evidence of the crime.

Learned counsel for the applicant submits that applicant is innocent and he is in custody since 4/04/2020. It is further submitted that FIR has been registered against the unknown person and there is no eye witness of the incident. Applicant has no criminal antecedents. Charge-sheet has been filed and trial will take considerable time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application on the ground that last seen witness Sunil has stated against the present applicant in his police statement recorded u/s 161 of Cr.P.C. Apart from it memorandum of accused is also on record.

Having heard the contentions advanced by learned counsel for both the parties and the entire material available in the PDF format as well as the police statement of last seen witness Sunil recorded u/s 161 of Cr.P.C., this Court is of the view that it is not a case wherein applicant may be entitled to be released on bail under section 439 of Cr.P.C. at this stage.