IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 14 OF MARCH, 2024 MISC. CRIMINAL CASE No. 9297 of 2024 BETWEEN:-

CHOTU @ CHOTELAL S/O REWA PRASAD BHUMIYA, AGED ABOUT 26 YEARS, R/O VILLAGE SUNWANI POLICE STATION MAJHAULI DISTRICT JABALPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI ABHISHEK PANDEY-ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION MAJHAULI DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SMT. PAPIYA GHOSH-PANEL LAWYER )

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.171/2023 dated 04.04.2023 registered at Police Station-Majhauli, District-Jabalpur (M.P.) for commission of offence under Sections 394, 397,302 of IPC. Applicant is in detention since

04.04.2023.

2. As per the prosecution story, on 04.04.2023, Gaurav Shrivas Manager of Vibhasi petrol pump Sunvani lodged FIR that Anil Jain resident of Jabalpur is the owner of petrol pump. In his petrol pump, Sanjay Tiwari, Amit Rajput, Signature Not Verified Raja Dahiya, and Chhotu Bhumiya are the workers. On 03.04.2023, at around 07:00 p.m. cash of Rs.65,000/- of sale of petrol was kept in the drawer of the office of petrol pump as same could not be deposited in bank due to its closure. At around 06:15 p.m.Chhotu Bhumiya made a call to him and told that today he would not come to perform his duties. Raja Dahiya and his father Ganesh Dahiya were on duty as night watchmen of the petrol pump. It is alleged that on 04.04.2023 at around 06:15 p.m. Raja Dahiya made a call and informed that someone has assaulted Ganesh Dahiya and has committed loot in the petrol pump and asked him to reach there as early as possible. When he reached at petrol pump, he found blood stained clothes and glass in broken condition. Someone had looted Rs.65,000/- from one drawer but Rs.3,54,000/- of old sale which were kept in the drawer were safe. In CCTV footage of 03:00 a.m. one person wearing white shirt and pant with mask on face but without wearing any shoes or chappal is entering into office and giving axe blow on the head of Ganesh Dahiya. He after committing loot and causing hurt fled away. Ganesh Dahiya was taken to the hospital where he succumbed to his injuries on 07.04.2023. On the basis of CCTV footage, the workers of the petrol pump were summoned by the police. Chhotelal Bhumiya was taken into custody and on the basis of his disclosure memo out of looted money Rs.64,605/- and one axe were seized. Finger prints were also taken. In medical examination, injuries caused by the glass were found on the person of accused Chhotelal. After investigation, charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. In CCTV footage, the person seen is having mask on his face. He is not clearly visible. Therefore, it cannot be said that it was the present applicant who had Signature Not Verified committed loot and murder of the deceased. It is also the contention of learned counsel that merely on the basis of injury on the person of accused it cannot be said that he had sustained injury while breaking the glass of the office and committing loot at petrol pump. Therefore, it is prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for the State has opposed grant of bail and has submitted that there is overwhelming evidence against the applicant. Looted money has been seized from his possession just after the incident. In FSL report, blood stains have been found on the seized articles. Injuries sustained by broken glass have been found on the person of injured. Therefore, she has prayed for rejection of the bail application.

5 . I have gone through the case diary and other material available on record. Having taken consid