Madhya Pradesh High Court
Kadorilal Yadav vs The State Of Madhya Pradesh on 9 October, 2015
MCRC-17292-2015
(KADORILAL YADAV Vs THE STATE OF MADHYA PRADESH)
09-10-2015
Mr. B.J. Chourasia, counsel for the applicant.
Mr. Manoj Kushwaha, Public Prosecutor for respondent/ State.
Heard.
Perused the case diary.
This is first application under Section 439 of Cr. P. C. for grant of bail to the applicant, as he has been arrested on 10.9.2015 in connection of Crime No.190/2014, registered at Police Station Harrai, District Chhindwara for commission of offences punishable under Sections 302, 201, 34 of IPC.
As per allegations, the applicant committed murder of his son. The body of the son of the applicant was found in a pond on 16.8.2014. The date of incident is said to be 11.8.2014. The applicant filed the writ petition before this Court in regard to proper investigation of the case of death of his son which was registered as writ petition No.11003/15. This Court vide order dated 15.7.2015 directed the Superintendent of Police Chhindwara, to conduct an investigation. Thereafter, the police recorded the statements of two persons on 4.8.2015. They deposed that they had seen the applicant and another person carrying the body of the deceased. The seizure was made on 9.9.2015 i.e. after a period of one year.
Looking to the aforesaid facts of the case and the nature of evidence, without expressing any opinion on merits of the matter, application is allowed.
It is directed that on furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand) along with one solvent surety in the like amount to the satisfaction of the C. J. M. Chhindwara, the applicant Kadorilal Yadav, be released on bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules.
(S.K. GANGELE) JUDGE pb