Hallan @ Rakesh vs State Of M.P

Vishnu Pratap Singh Chauhan, J

Heard on this post arrest bail application for grant of bail under Section 439 of the Code of the Criminal Procedure filed on behalf of the applicant Hallan @ Rakesh.

The applicant is in custody since 10.07.2020 in connection with Crime No.377/2020 registered at Police Station Raheli, District-Sagar for commission of offences punishable under Sections 307, 395, 294 and 506 of the IPC.

The case of the prosecution against the applicant, in short, is that Prakash, Ram Singh and Forest guard Rajesh were sleeping at Forest Naka. Some co-accused persons and applicant were previously caught hold as they were illegally carrying teak wood. On that rivalry, the applicant along with other co-accused persons reached the Forest Naka along with a pointed weapons and arms and started hurling filthily words, beat the door with the stones and broke down the gate of the room where forest guard Rajesh was sleeping. One of the co-accused person took away the government gun issued to Rajesh, along with five living cartridges as also Rs.5000/- kept in the pocket of Rajesh and after threatening him, he fled away from the spot. Thereafter, the report was lodged by Prakash. The aforesaid crime number registered for the above mentioned offences. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that in test identification parade, applicant Rakesh and co-accused Hari Shankar were not identified by the victim and other accused persons were identified, therefore, it has been prayed that applicant be released bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that present applicant and other co-accused persons are having criminal antecedent and there is evidence available on record, which clearly reflects the involvement of the applicant in committing the crime.

Having heard both the learned counsel for the parties. No doubt, there are some evidence available on the record against the applicant.

Considering the gravity of the offence, this Court is not inclined to release the applicant on bail.

Consequently, application under Section 439 of the Cr.P.C. filed by applicant is hereby dismissed.