Learned advocate for the applicant has made a submission that the applicant is falsely implicated and even considering the role attributed to him, it cannot be said that the offence under Section 302 of the Indian Penal Code is made out and by imposing suitable conditions, he may be enlarged on bail and the charge-sheet is filed.
Learned APP for the respondent submits that the trial has already commenced and, therefore, in heinous crime bail cannot be granted.
Considering overall facts and circumstances of the case, when the trial has commenced at this stage and considering the material prima facie against the applicant, no relief can be granted under Section 439 of the Criminal Procedure Code, 1973. The application is rejected. No order as to costs. Rule is discharged.
[ ANANT S. DAVE, J. ] vijay Top