Sandeep Asalkar And Others vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 439 of Cr.P.C. for grant of bail. Applicant No.2 Subham Shivde was arrested on 19/11/2020 in connection

with Crime No.796/2020 registered at Police Station City Kotwali, District Khandwa (M.P.) for the offence punishable under Sections 302, 201, 34 of

the IPC and Section 25, 27 of Arms Act.

A s per prosecution case, on 15/11/2020 at around 10:30 am Ashif Mansuri informed the police that on 15/11/2020 at around 12:30 pm his father

deceased Sharif Mansuri went to his field by motorcycle bearing registration No.MP-12-BA-4710 for irrigating the field, but thereafter he did not

return to house. On that in the morning he went to the field, where he saw that dead body of his father was lying there and somebody had murdered

him. On that police registered Merg No.86/2020 under Section 174 of the Cr.P.C. and inquired the matter. During inquiry it was found that the

applicant No.2 Shubham Shivde and co-accused Arjun @ Raja, Sandeep Asalkar Bheel, Pawan Solanki Rajput and Anand Mandloi Rajput murdered

deceased Sharif Mansuri. On that, Police arrested the applicant and other co-accused persons and seized one mobile of Jio company, one iron pipe,

one blood stained shirt, one motorcycle of hero company and one farsa from the possession of co- accused Sandeep Asalkar, one mobile of Vivo

company, one blood stained jeans, sleeper from the possession of applicant No.2 Shubham Shivde, one mobile of reliance company, one country made

pistol, two live cartridges and leather shoes from possession of co-accused Pawan Solanki and one mobile of Vivo company, blood stained shirt and

sleeper from co-accused Anand Mandloi Rajput.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. There is no

direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of applicant and co-accused implicated the

applicant in the crime, while confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other

incriminating piece of evidence. The statement of Ayyub Mansuri (PW-1), Mehboob Mansuri (PW-2) and Sadiq Mansoori (PW-3) have been

recorded by the trial Court. They did not depose anything against applicant No.2 Shubham Shivde. The applicant No.2 has been in custody since

19/11/2020. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant No.2 on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant

No.2 in the crime. Police seized one blood stained jeans and sleeper from the possession of applicant No.2 Shubham Shivde and in the DNA profile

report it is mentioned that the DNA profile of deceased Sharif Mansuri is detected from that jeans, which was seized from the possession of applicant

No.2 Shubham Shivde, so he should not be released on bail.

Looking to the facts and circumstances of the case, the DNA report and the contention of learned counsel for the State this Court is not inclined to

grant bail to the applicant No.2.

According, M.Cr.C. is rejected.