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Judgment
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Vishal Dhagat, J
This is the first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.45/2023, registered at Police Station-Sukhi Sevaniya, District-Bhopal (M.P.) for the offences punishable under Sections 459, 302, 201, 34, 120-B of IPC.
Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Co-accused in the case namely Anita has already been enlarged on bail. On basis of memorandum of co-accused, present applicant is made accused. No other evidence is available in the case against the applicant. In these circumstances, applicant may be released on bail.
Learned Government Advocate appearing for the State opposed the bail application and submitted that after recording of memorandum of Anita, applicant was arrested. After his arrest body was recovered at the instance of applicant. Other evidence is also available on record against the applicant, therefore, applicant may not be released on bail.
Heard the counsel for the parties.
Considering the totality of the facts and circumstances of the case, bail application filed by the applicant, is dismissed.