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Judgment
Vijay Kumar Shukla, J
On account of prevailing conditions worldwide brought about by the COVID-19 virus, the appeal has been heard through video conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.
Heard and perused the record.
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.349/2020 registered at Police Station- Ashta, District Sehore (M.P.) under Sections 302/34 & 201 of IPC.
Learned counsel for the applicant submits that in the Dehati Nalshi lodged by Ankit, the name was not mentioned of anyone. It is further submitted that the applicant has not played any role as per the memorandum of co-accused persons Rajendra and Dinesh. It is also contended that there is no allegation of causing any injury to the applicant.
Learned counsel for the State submitted that it is a case of circumstantial evidence. The presence of present applicant has been shown by Ankit in his statement which was recorded next day. It is further stated that a lathi was seized from the applicant in which in the FSL report human blood has been found.
Considering the aforesaid fact that the presence of the present applicant at the spot has been confirmed by Ankit and further there is a seizure of lathi with human blood from the present applicant, I am of the view that the applicant is entitled for grant of bail.
Accordingly, the application on behalf of Asharam @ Ashaman stands rejected.