Madhya Pradesh High Court
Kamlesh @ Alsam @ Banta @ Lallu Ahirwar vs The State Of Madhya Pradesh on 26 August, 2014
M.Cr.C. No.11132/2014
26.08.2014 Shri Sharad Pandey, counsel for the applicant.
Shri Ajay Tamrakar, P.L. for the
respondent/State.
Heard the learned counsel for the parties. The applicant is in custody since 15.6.2010 relating to Crime No.129/10 registered at Police Station Uchehara, District Satna for the offences punishable under Sections 302 and 201 of the IPC.
Learned counsel for the applicant submits that the applicant is a youth of 24 years of age, who has no criminal past alleged against him. There is no ocular evidence against the applicant. There is no evidence of last seen. Similarly, no weapon or blood stained clothes were seized from the applicant. Chain of circumstantial evidence is broken. It is alleged that the applicant had a mobile of the deceased. However, by mere such an evidence, he cannot be convicted for the offence of murder. He is in custody since 15.6.2010 and trial could not conclude. Under these circumstances, the applicant prays for bail.
Learned P.L. for the State opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant namely Kamlesh @ Aslam @ Banta@ Lallu Ahirwar be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with a surety bond of the same amount to the satisfaction of the concerned trial Court, to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K.GUPTA) JUDGE pnkj