Madhya Pradesh High Court
Chote Lal @ Chotu Baiga vs The State Of Madhya Pradesh on 28 April, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 28th OF APRIL, 2022
MISC. CRIMINAL CASE No. 59692 of 2021
Between:-
CHOTE LAL @ CHOTU BAIGA S/O RAM MILAN
BAIGA OCCUPATION: AGRICULTURIST VILLAGE
MEDAULI P.S. MORWA DISTT. SINGRAULI
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI NEELAM KUMAR SHAH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THR. P.S
MORWA SINGRAULI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY SONI, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed under Section 439 of the Code of Criminal Procedure on behalf of applicant Chote Lal @ Chotu Baiga who is in custody since 27/04/2019 in connection with Crime No.202/2019 registered at Police Station Morwa, Distt. Singrauli (M.P.) for the offences punishable under Sections 302 and 201 of I.P.C.
It is submitted that till now prosecution has examined. Five witnesses and all of them have turned hostile. It is submitted that father of the deceased Sukhlal S/o Birju has not supported the prosecution case. Similarly, mother of the deceased Smt. Chourasiya Baiga has not supported the prosecution case. Other witnesses Shri Ram Karan, Jagraniya have also not supported prosecution case. Thereafter, Dr. Rahul Pathak had taken DNA sample of the parents of the deceased but DNA report is still not available. Dr. Umesh Signature Not Kumar (PW-8) who had conducted postmortem who has been examined. FSL SAN Verified Digitally signed by report for presence of any poison in the Viscera of the deceased or chemical APARNA TIWARI Date: 2022.04.28 18:46:41 IST 2 poison is negative. On the belt seized from the present applicant, some disintegrated blood stains were found but even blood group could not be determined as the stains were disintegrated. It is submitted that eight witnesses have been examined. It is submitted that material witnesses have been examined. Since no evidence has been adduced against the present applicant and the dead body was recovered from a well, close to the house of Salim as has been deposed by PW-3, and there is no evidence of last seen etc. The trial is going to take sufficient time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Government Advocate, on the other hand, opposes the bail application but is not able to point out any information from the case diary or the evidence read over by the applicant's counsel to point out any adverse material. Since evidence of material witnesses is over, there are no chances of tampering with the evidence. There is no criminal record of the applicant.
Taking these facts into consideration and without commenting anything on the merits of the case, this application is allowed.
It is directed that applicant- Chote Lal @ Chotu Baiga be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for his appearance before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron Virus before and after releasing the applicant.
Certified copy as per rules.
3(VIVEK AGARWAL) JUDGE AT