The absence of new evidence and the corroborative testimony of witnesses justifies the dismissal of the bail application for murder charges.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

th

ON THE 26 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 27578 of 2025 RAJESH THAKUR Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ghan Shyam Pandey - Advocate for the petitioner. Shri Atmaram Bain - Dy G.A. for the respondent/State.

ORDER This is third bail application filed by the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita , 2023 (for brevity, 'BNSS') for grant of regular bail relating to FIR/Crime No.913 of 2023, registered at Police Station Adhartal, District Jabalpur, for the offence punishable under Sections 364, 302, 201 read with section 34 of the I.P.C. The applicant is in custody since 30.07.2023. First application was dismissed as withdrawn on 12.2.2024 in M.Cr.C.No.4202/2024 and second application was dismissed on merits vide order dated 25.11.2024 in M.Cr.C.No.25.11.2024.

2. The prosecution story in brief is that on 10.7.2023, Kamta Gupta informed police about missing of his son Ramu Gupta aged about 22 years since 12:00 hours of midnight of 8.7.2023. Missing person report was registered and FIR was registered on 30.7.2023. In the investigation, it was revealed that when Ramu was going towards his home, Ajeeet Kori and Signature Not Verified Aman Kori took him in Access vehicle towards Future Nagar side and there, present applicant Rajesh Thakur, Prinsu, Vikas Kori and Suraj Jaiswal intercepted the vehicle and Ajit Kori caught hold Ramu's hand and thereafter they all assaulted him by kicks and fists and thereafter Ajit Kori took him towards village Bagheli side along with Aman Kori, Vikas Kori, Prinsu and Suraj Jaiswal. Thereafter, they all assaulted him and committed his murder by throttling his neck by belt and thread of the lower. After investigation, charge-sheet has been filed.

3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He is in jail since 30.07.2023. There is material contradiction between the police statements and the court statements of witnesses. There is improvement in the court statement of Akash and Sohrab Mansoori. There is no direct allegation against the present applicant. It is a case of circumstantial evidence. It is urged that in the instant case, on 10.07.2023, a missing person report was lodged and FIR has been lodged on 30.07.2023. In the missing report, there was no mention of name of the applicant. Later on, he has been implicated on the memorandum of witnesses, which is not admissible in evidence. There is no recovery from the present applicant. Co-accused Suraj Jaiswal has been granted bail by this Court vide order dated 18.9.2025 in M.Cr.C.No.41779/2025 and the case of the present applicant is similar to that of co-accused Suraj, therefore, prayer is made to release the applicant on bail on the ground of parity.

4. Learned counsel for the State submits that present applicant has conspired along with co-accused persons to commit murder of Ramu Gupta.

Signature Not Verified Witnesses Akash, Sohrab Mansoori have categorically stated that the applicant was last seen with the deceased. One spade which was used in burying the body of the deceased has been recovered at the instance of applicant. There is sufficient evidence to establish factum of conspiracy.

5. Considering the submissions made by learned counsel for the applicant as well as the statements read over by the Public Prosecutor, it is evident that witnesses Akash, Sohrab, Atul Gupta, Rohit Kushwaha and father Kamta Prasad Gupta have supported the prosecution version and have stated the name of applicant as a last seen with the deceased. The testimony of these independent witnesses at this stage cannot be discarded. The case of the Suraj Jaiswal is different from the present applicant because there is no evidence of last seen of deceased with Suraj Jaiswal whereas the applicant was found last seen with t