Sanjay Dwivedi, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No.163/2021 dated (not mentioned) registered at Police Station Damoh Dehat District Damoh (M.P), for the offence under Section 302, 34 of IPC and also under Section 25/27 of Arms Act. The applicant is in jail since 27/10/2021.
Counsel for the applicant submits that as per the case of prosecution three persons came on spot who covered their face with mask and caused injury of gun shot to the deceased. The eye witness is daughter of deceased who was sitting over there and she has narrated the story to the police and she has also been examined in the Court. In her examination she has very categorically admitted that she is not in a position to identify the person who has caused the gun shot injury to the deceased. She has stated that three persons came on spot who covered their face with the mask, therefore, it was difficult for her to identify the person. He further submits that identification of the present applicant is not proper merely because some previous enemity was between the deceased and present applicant he has been falsely implicated. There is no incriminating material collected by the prosecution indicting that the present applicant was involved in the alleged crime.
Per contra, counsel for State has submitted that gun was also seized from the present applicant and the witnesses have identified the applicant in the court room at the time of examination, therefore, there is nothing doubtful about the participation of the present applicant and his involvement in the alleged crime.
Considering the overall facts and circumstances of the case, perusal of case diary and custody period of the applicant, this Court deems it appropriate to grant bail to the applicant, therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
