Madhya Pradesh High Court
Chatra @ Chatarsingh vs The State Of Madhya Pradesh on 5 August, 2015
M.Cr.C. No.6722/2015
05/08/2015
Shri Ashish Gupta, counsel for the applicant.
Shri Amit Singh Sisodiya, learned counsel for the
respondent/State.
Case diary is available.
This is the first bail application filed by applicant under section 439 of the Code of Criminal Procedure for grant of bail.
The accused/applicant was arrested by the Police Station - Ranapur, District - Jhabua in Crime No.301/2015 under sections 302/34 of IPC.
According to the prosecution story, a report was lodged by Jayanti Mali son of the deceased on 04.07.2015 that some unknown persons committed murder of his father Kalu S/o Gambhir Mali. During the investigation, a diary was found from room of the deceased Kalu in which it was written that present applicant obtained loan from the deceased. It is also alleged that present applicant alongwith other persons entered into altercation with the deceased in the afternoon, before the night on which he was found murdered. Similar incident also took place on 29.06.2015. On the basis of this incident, present applicant was arrested by the police.
Learned counsel for the State opposes the bail application.
Learned counsel for the applicant submits that no recovery was made from the present applicant except the suspicion that as, he took some ornaments on loan from the deceased, he was involved in his murder and he was arrested.
Taking into consideration all the facts and circumstances of the case, without commenting on the merits of the case, I am of the view that it is a fit case for grant of bail. This application filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs. 75,000/- (Rs. Seventy Five Thousand only) and surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
(Alok Verma) Judge Kratika/