SUBODH ABHYANKAR
Devisingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard and also perused the case diary.
This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.520/2021 registered at Police Station-Kotwali, District-Shajapur (MP) for offence punishable under Sections 341, 307, 323, 294, 506/34 of the IPC. applicant is in jail since 28.12.2021.
Allegation against the applicant is of causing grievance injuries to the complainant along with the other accused persons.
Counsel for the applicant has submitted that the applicant has not been named in the FIR and there is no identification. It is further submitted that there are no other criminal antecedents registered against the applicant; he is in jail since 28.12.2021 and the final conclusion of the trial is likely to take long time. In such circumstances, counsel has submitted that the application be allowed and the applicant be released on bail.
Counsel for the State, on the other hand, has opposed the prayer and it is submitted that from the possession of the applicant a stick has also been recovered and the main accused Larsingh Gurjar on the memo prepared under Section 27 of
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