Ramkresh vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.230/2019 registered at Police Station Kesali, Distt. Sagar (M.P.) for the offence under Sections 302, 201, 363, 364-A r/w section 34 of IPC.

As per the prosecution case, the allegation against the applicant is that he abducted the complainant's son demanded money from the complainant and also murdered him. Therefore, the aforesaid offence has been registered against him.

Learned counsel for the applicant submits that he is innocent and has been falsely implicated. He is in custody since 29.07.2019. It is submitted that the applicant has not committed any offence. The FIR has been lodge against the unknown persons and only on the basis of memorandum recorded under Section 27 of Evidence Act, the applicant has been made accused in the case.

There is also no eye witness in the matter. Moreover, there is no likelihood of absconding and tampering with the prosecution evidence by the applicant and his further custody is not required in this case. On these grounds, prayer is made to release the applicant on bail.  Per contra, learned Panel Lawyer opposes the application on the ground that discovery of dead body has been found at the instance of the applicant and in his memorandum recorded under Section 27 of Evidence Act, the applicant himself admitted the fact of abduction and murder.

Therefore, at this stage, the applicant is not entitled to be released on bail.

Heard learned counsel for the respective parties and perused documents annexed with the PDF form.

Looking to the entire materials available in PDF form and also looking to the DNA report; without expressing any opinion on the merits of the case, this Court is of the opinion that at present, the applicant is not entitled to be released on bail. Hence, this application filed u/s 439 CrPC is dismissed.