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1992 Supreme(MP) 490
K.M. Pandey, J.
Raju v. State of M.P.
Misc. Cr. Case No. 1377 of 1992 (G); Decided on 6.8.1992
A.K. Shrivastava for applicant; J.P. Sharma, Panel Lawyer for State.
Headnote:Criminal P.C., 1973 -- S. 438 -- offence under S. 307, I.P.C. -- applicants name neither appearing in F.I.R. nor dying declaration -- no weapon recovered -- applicant aged 21 years -- co-accused already on bail -- applicant is entitled to hail.
naM izfdz;k lafgrk] 1973 & /kkjk 438 & /kkjk 307] naM lafgrk ds v/khu vijk/k & vkosnd dk uke izFke bfRryk fjiksVZ vFkok e`R;qdkfyd dFku esa of.kZr ugha & dksbZ vk;q/k cjken ugha & vkosnd dh vk;q 21 o"kZ & lg&vfHkqDr iwoZ gh ls tekur ij & vkosnd tekur dk gdnkj gSA
Applicant Raju prays for bail u/s 438 Cr.P.C. in a case u/s 307/34 of the I.P.C.
Applicant is not named in the F.I.R. The victim's dying declaration was also recorded in this case on 26.1.92. Till that stage the applicant was not introduced in the case as one of the assailants.
The applicant's name was for the first time introduced in this case on 31.1. 92 in the statement of Akhilesh and Sudhir Kumar Gupta, i.e. after five days.
If the entire prosecution case is believed then a case u/s. 307 of the IPC is, at best, made out against the petitioner. Considering the fact that the applicant's name was not mentioned in the F.I.R. and he was not named by the injured himself. No weapon has yet been recovered from the applicant. The applicant is 21 years of age as mentioned in the challan. If he is sent to jail at this stage there are every chances of his coming out as a confirmed criminal. Considering the fact." that he is not named in the F.I.R. and that his name has come for the first time in the st.1tements of the witnesses u/s. 161 Cr. P.C. on 31.1.92, I think the applicant may be granted bail. The co-accused has also been granted bail by the High Court on 15.6.92.
In the event of his arrest, the applicant shall he released on bail, if he furnishes two surities of Rs. 7,000/- each and a personal bond in the like amount to the satisfaction of the authority concerned on condition that he shall make himself available to the investigating authority as and when required and shall not administer any threat or inducement to any witnesses so as to dissuade him from disclosing the true facts.
