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created Sep 14th, 13:41 by Azhar Qureshi



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Shri Prasun Kumar Maheshwari, counsel for the applicant. Shri Naval Kishor Gupta, Panel Lawyer for the respondent/State. Case Diary is perused. This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The applicant was arrested on 03.06.2021 in connection with Crime No.133/2019 by Police Station Mihona, District Bhind (MP) for the offence punishable under Sections 302, 392, 201, 34 of IPC and under Section 11/13 of MPDVPK Act. As per prosecution story, on 19.09.2019, complainant Subash Agnihotri lodged a report at Police Station Mihona, to the effect that his cousin brother Anil Agnihotri aged around 33-45 years had gone to take loan, but today (19.9.2019) he got information that like Anil Agnihotri one person is lying under the bridge of Rajghat and that person was identified by Sanjeev Choudhary as "Anil Agnihotri". It was found that his brother was murdered by unknown persons with the help of stone and weapons and several injuries were found on his body. On this information at Police Station Mihona, dehati nalishi under Section 302/34 of IPC bearing Crime No.133/2019 was 02 registered and the matter was investigated. During investigation, Section 11/13 of MPDVPK Act was enhanced. The applicant was arrested on 03/06/2021. On 28.6.2021, memorandum of co-accused Gabbar was recorded and on the basis of his memorandum, no recovery was made. After arrest of co-accused Gabbar, statement of Pradeep Dohare was also recorded after two years of the incident. In his statement, he narrated that he saw a motorcycle without number plate in Chaturvedi Nagar. Afterwards, applicant-accused Kamlesh and co-accused Gabbar are found driving the said motorcycle. On the basis of memorandum of present applicant-accused recorded under Section 27 of the Evidence Act, the motorcycle was seized by the police from the possession of co-accused Komesh. Besides this, there is no evidence on record to involve applicant accused Kamlesh in the offence. It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody from 03/06/2021. It is further submitted that co-accused Gabbar has been enlarged on bail by this Court vide order dated 29/07/2021 passed in MCRC No. 37058 of 2021. Conclusion of trial will taken some time.  

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