Shiva @ Shubbu Bhuriya vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 439 Cr.P.C for grant of bail. Applicant Shiva @ Shibbu Bhuriya was arrested on 16/06/2019 in connection with Crime No.208/2019 registered at Police Station Bhedaghat, District Jabalpur (M.P.) for the offence punishable under Sections 302, 201, 34 of the IPC.

As per the prosecution case, on 04/06/2019 on the information of informant that the dead body of Rishabh was lying in the bank of Narbada River near Swarg Dwari, Bhedaghat and somebody had murdered him, Police registered inquest No.39/2019 under Section 174 of the Cr.P.C. and enquired into the matter. During enquiry it was found that applicant Shiva @ Shibbu Bhuriya and co-accused Purushottam and Virendra @ Babu murdered him. On that Police arrested the applicant and co-accused on 16/06/2019 and also seized one blood stained shirt from the possession of applicant, one blood stained sack, one blood stained spade and one blood stained shirt from the possession of co-accused Virendra @ Babu and also seized one mobile, two motorcycle and one blood stained shirt from the possession of co-accused Purushottam @ Bhola Rajak.

Learned counsel for the applicant submits that the applicant is innocent 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 a memorandum of applicant and co-accused implicated the applicant with the crime, while the confessional statement of applicant and co-accused to the police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant has been in custody since 16/06/2019.

The charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State as well as objector opposed the prayer and submitted that sufficient evidence is available against the applicant to connect him with the offenc. Some prosecution witnesses last seen the deceased with the company of applicant and Police also seized one blood stained shirt from the possession of applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case and the evidence collected by the prosecution against applicant during investigation and the case diary statement of Montu, in which it is clearly mentioned that he last saw the deceased Rishabh with the company of applicant and Police also seized blood stained shirt from the possession of applicant, this Court is not inclined to grant bail to the applicant at this stage.

Accordingly, M.Cr.C. is dismissed.