Ratnesh @ Lallu Lodhi vs State Of M.P

Arun Kumar Sharma, J

This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 02.04.2021 by Police

Station Bakal, District - Katni (MP) in connection with Crime No.44/2021 registered for the offence punishable under Sections 302 and 201 read with

section 34 of the IPC.

As per the prosecution case, at about 07:40 p.m. on 30.03.2021, Dehati Marg Intimation under Section 174 of the Cr.P.C. was registered on the

information of Sitaram Lodhi, father of deceased Sandeep. It stated by complainant that on 29.03.2021 at about 08:00 p.m., his son received a phone

call of someone and after talking with him, he said to his father that he will be coming back just now and gone there. Upto 10:00 pm, his son did not

come back and his phone was also coming switched-off. Thereafter on 30.03.2021, when he was returning from the field at about 06:30 a.m. in the

morning, Brijesh disclosed to him that his son Sandeep was found hanging. Thereafter, he reached to Anganwadi Chandi Batwa and seen that his son

Sandeep was found hanging on 11 kv electric pole and found dead. On 31.03.2021, at about 11:26 p.m., FIR under Sections 302 and 201 of the IPC

was registered against unknown persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Challan has been filed. The applicant is the

permanent resident of the locality. It is further submitted by the counsel for the applicant that this is a case of circumstantial evidence. Applicant is in

jail since 02.04.2021, therefore, it has been prayed that the applicant be released on bail.

Learned panel lawyer for the State has vehemently opposed the bail application. It is submitted by the counsel for the State that it is a clear case of

murder and accused applicant along with co-accused persons have disappeared the evidence of offence after being murdering the deceased,

therefore, it has been prayed that the application be dismissed.

Learned counsel for the Objector has also supported the contention of the counsel for the State and prays for dismissal of this application.

However, keeping in view the facts and circumstances of the case in totality and particularly, the fact that two prosecution witnesses namely Pramod

and Santuram Patel have stated that they have seen the present applicant and co-accused persons along with the deceased on the date of the incident,

wherein the applicant along withe co-accused persons after being murdering the deceased have left the dead body of the deceased over the electric

pole in order to disappear the evidence, therefore, in the opinion of this Court, this is not a fit case for grant of bail.

Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the applicant is dismissed.