M.Cr.C. No. 3350/2012

1.8.2012

Shri N.B. Gurung, counsel for the applicant. Shri C.K. Mishra, GA for the respondent/State. Heard. This is the sixth application for grant of bail under Section 439 of Cr.P.C. Previous applicants were dismissed on merits. The application of co-accused is also dismissed. The applicant has been arrested in connection with Crime No.161/2003 registered at P.S. Dhanpuri, Shahdol for the offence punishable under Sections 147, 148, 149, 302/34 of IPC and Section 25/27 of Arms Act.

Learned counsel for the applicant submits that the applicant is in custody since 14/3/2005. He has been falsely implicated in this case, therefore, he prays for grant of bail to the applicant. Learned counsel for the State opposes the prayer.

I have perused the statement of Ramprakash wherein he specifically stated that the present applicant was on the spot alongwith the other co- accused persons. During the incident, co-accused Shankar Singh has opened the fire thereby deceased sustained the gun shot injury and succumbed to the aforesaid injury. In these circumstances, I am of the view that it is not a fit case for grant of bail to the applicant.

The application is dismissed.

It is expected that trial Court would dispose of the case expeditiously, as far as possible within six months after receiving the copy of this order. C.C. as per rules.

(G.S. Solanki)

ravi JUDGE