Madhya Pradesh High Court
Jagdeesh Prasad @ Radhu Kol vs The State Of Madhya Pradesh on 14 October, 2014
M.Cr.C. No.14808/2014
14.10.2014
Ku. Manju Verma, counsel for the applicant.
Shri S. K. Kashyap, G.A for the respondent/State.
Heard learned counsel for both the parties. The applicant is in custody since 1.6.2014 in connection with Crime No.165/2014 registered at Police Station Hanumana, District Rewa for offences punishable under Sections 302, 201 of I.P.C.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. There is no ocular evidence against the applicant. Except the fact of last seen there is no circumstantial evidence against the applicant. The police has shown that one broken mobile and a stone was recovered from the applicant but, such articles were lying near the dead body and Police had knowledge about such articles prior to recording the memo of the applicant under Section 27 of the Evidence Act. Chain of circumstantial evidence is broken. The applicant is in custody without any substantial reason. Consequently, applicant pray for bail.
Learned P.L. 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 Jagdeesh Prasad @ Radhu Kol may be accepted. Consequently it is hereby allowed.
It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs.50,000/- (Rupees fifty thousand) with one surety bond of the same amount to the satisfaction of the 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 bina