ANIL VERMA,J. - (1.)This is the first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 10/02/2022 in connection with Crime No.280/2021 registered at Police Station - Kanad, District Agar Malwa (M.P.) for commission of offence punishable under Sec. 302, 307, 324, 323, 147, 148, 149 and 325 of the Indian Penal Code, 1860 read with Sec. 25 and 27 of the Arms Act.
(2.)As per prosecution story, on 16/09/2021 at about 03:00 am, complainant Padamsingh was going to his agricultural filed, at that time, he met with co-accused persons Mohansingh, Ratansingh, Chainsingh, Prabhulal, Kalusingh, Radheshyam, Antarsingh, Devisingh, Ishwarsingh, Rajendrasingh, Nihalsingh, Ambaram (present applicant) and Kamal; Ishwarsingh armed with desi katta and co-accused Kalusingh, Chainsingh, Mohan Singh, armed with sword; co-accused Devisingh armed with farsi. Co-accused Ishwar fired gun shot by desi Katta on Umrao singh. As a result of which, he sustained injuries on his abdomen. Thereafter, other co-accused persons also started beating to the victim persons and inflicted several injuries by means of sword and farsi. Due to the injures sustained in the incident, Umrao Singh died in the hospital during treatment. Accordingly, aforementioned offence has been registered against the present applicant and other co-accused persons.
(3.)Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over, charge sheet has been filed and no further custodial interrogation of the applicant is required. The applicant is in custody since 10/02/2022. Co-accused Antar Singh and Rajendra Singh have been enlarged on bail vide order dtd. 04/02/2022 passed in M.Cr.C.Nos.5223/2022 and 1569/2022 and co-accused Kamal Singh, Nihal Singh and Radheshyam have been enlarged on bail by this vide M.Cr.C.Nos.7775/2022, 7749/2022 and 7515/2022 on 04/03/2022. Final conclusion of the trial is likely to take sufficient long time. Hence, she prays that applicant also be released on bail on the ground of parity on such terms and conditions, as this Court deems fit and proper.