AFSER UDDIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is heard through video conferencing.

(2.) The applicant has filed this first bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 25/02/2020 by Police Station Utila, Distt. Gwalior (M.P.) in connection with Crime No.15/2020 registered for offence under Sections 302 , 201 , 120-B , 34 of IPC.

(3.) It is submitted by learned counsel for the applicant - Afser Uddin @ Chattan Khan that the applicant has not committed any offence. He has falsely been implicated in this case. The applicant is in custody since 25/02/2020, i.e. from more than three months. Learned counsel for the applicant submitted that all the witnesses and complainant are relatives, rather they are having blood relation. There is no any evidence against the present applicant. It is also submitted that complainant has filed the FIR with malafide intention as the applicant is going to fight the election of Sarpanch. There are lots of contradictions and omissions in the statements given by the prosecution witnesses and also the statements recorded are delayed. It is further submitted that on the date, which is alleged to be the date of incident, the applicant was with the investigating officer of cross case bearing crime No.14/2020, wherein investigating officer was preparing the spot map. The whole case is fabricated by saying that there was illicit relation of the deceased with the daughter-in-law of the present applicant. It is also submitted that the present case is based only on circumstantial evidence and chain is incomplete. Applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail.