Madhya Pradesh High Court
Virendra Kumar Singh @ V.K. Singh vs The State Of Madhya Pradesh on 24 July, 2018
1 MCRC-24451-2017
The High Court Of Madhya Pradesh
MCRC-24451-2017
(VIRENDRA KUMAR SINGH @ V.K. SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-07-2018
Shri Manish Datt, Senior Advocate with Shri Vijay Singh, counsel for the petitioners.
Shri Ajay Tamrakar, Government Advocate for the respondent/State.
Shri Pushpendra Verma, counsel for the objector.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioners Virendra Kumar Singh @ V.K.Singh and Jitendra Singh @ Lalau @ Lala in Crime No.76/2017, registered by P.S. Shahpur, District-Rewa (M.P.) under Sections- 302, 323 and 294 read with Section 34 of the I.P.C.
As per the prosecution case, on 13.06.2017, at a marriage ceremony, on account of some dispute, which arose due to functioning of DJ, petitioners Virendra Kumar Singh and Jitendra Singh assaulted deceased Atul Singh with sticks. As a result, he expired, the next day.
Learned counsel for the petitioners submits that there were five eye-witnesses to the incident namely Lal Bahadur Singh, Aashlendra Singh, Manoj Singh, Rajeshwar Singh and Pankaj. All of them have been examined before the trial Court and they have turned hostile. They have not supported the prosecution case at all. In support of the aforesaid contention, learned counsel for the petitioners have filed copies of the statements of the aforesaid five eye-witnesses. It has further been submitted that the petitioners have been in custody since 16.11.2017; therefore, it has been prayed that the petitioners be released on bail.
Learned Government Advocate for the respondent/State has opposed the application mainly on the ground that this is a serious offence; however, he has conceded that apart from the five eye-witnesses there are no other witnesses to the incident. He further submits that prosecution evidence cannot be appreciated or evaluated for the purpose of granting bail to an accused person.
By way of counter arguments, learned counsel for the petitioners submits that this is not a case of appreciation or evaluation of the prosecution evidence but total lack thereof. In these circumstances, it would not be appropriate to keep the petitioners in the custody during the entire length of the trial.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by learned counsel for the petitioners; in the opinion of this Court the petitioners deserve to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioners Virendra Kumar Singh @ V.K.Singh and Jitendra Singh @ Lalau @ Lala, is allowed.
2 MCRC-24451-2017 It is directed that the petitioners shall be released on bail on furnishing a personal bond in the sum of Rs. 80,000/- with a solvent surety each in the same amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C V SIRPURKAR)
JUDGE
Sha Digitally signed by SHALINI
SINGH LANDGE
Date: 2018.07.24 22:21:15
-07'00'