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Judgment
Vishnu Pratap Singh Chauhan, J
Heard on this first post arrest bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of the applicant.
The applicant is in jail since 25/03/2020 in connection with Crime No.77/2020 registered at Police Station Dhangaon, District Khandwa (M.P.) for
commission of offence punishable under Sections 341, 323, 506 and 302 of the I.P.C. After investigation, charge sheet has been filed. The trial in
S.T.No.55/2020 is undergoing.
The allegation against the applicant, in short, is that applicant assaulted on his father by means of an iron rod and falsely informed to his relatives that
some unknown person assaulted his father but later on during investigation, the said weapon was seized at the instance of the applicant and other
incriminating evidence also collected during investigation.
Learned counsel appearing for the applicant submits that two witnesses Ramesh (PW-1) and Rama Bai (PW-2) have been examined before the trial
Court and both did not state anything against the applicant. The trial would take considerable time for its final disposal; therefore, it has been prayed to
release the applicant on bail.
Learned Panel Lawyer for the respondent/State on the other hand submits that there are evidence available on record against the applicant.
Having heard both the counsel and perused the statements of applicant and Rama Bai (PW-2) who is mother of the applicant but other witnesses are
yet to be examined, in these circumstances, considering the gravity of the offence and the act attributed to the applicant, this Court is not inclined to
release the applicant on bail.
Consequently, this application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant-Rahul Gujar, is hereby
dismissed.