JATIN SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of the Cr.P.C. for grant o f bail. Applicant Jatin Soni @ Bholu was arrested on 30/10/2021 in connection with Crime No.327/2021 registered at Police Station Jaithri, Distt. Anuppur for the offence punishable under Ss. 394, 395, 120-B, 201, 109, 114, 427 of the IPC.

(2.) 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. Name of the applicant is not mentioned in the FIR. Police did not get test identification parade conducted. The police only on the basis of 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 30/10/2021 and the conclusion of the trial will take time, hence it is prayed that the applicant be released on bail.

(3.) Learned counsel for the State opposed the prayer and submitted that applicant was also involved in the crime. So, he should not be released on bail.