Madhya Pradesh High Court
Jai Krishna Kol vs The State Of Madhya Pradesh on 11 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 11th OF APRIL, 2022
MISC. CRIMINAL CASE No. 17010 of 2022
Between:-
JAI KRISHNA KOL S/O SHYAMLAL KOL, AGED
ABOUT 29 YEARS, OCCUPATION: LABOUR, R/O
VILLAGE AAMIN, P.S. TALA, DISTRICT SATNA
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI YADVENDRA DWIVEDI, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION TALA, DISTRICT SATNA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AJAY TAMRAKAR, PANEL LAWYER)
This first bail application has come up for hearing on admission on this
day, the court passed the following:
ORDER
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Jai Krishna Kol, S/o Shyamlal Kol, who is in custody since 20/12/2021 in connection with Crime No.299/2021 registered at Police Station Tala, Distt. Satna (M.P.) for the offence punishable under Sections 306/34 of IPC.
Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. Incident took place on 19.06.2021. When concubine of the present applicant committed suicide, applicant was residing with the said lady since 2015 and has a child from said lady who committed suicide. Police registered a case on 18.12.20221 Signature Not i.e. after six months of the incident. The delay in registration of case is SAN Verified Digitally signed by unexplained. It is submitted that as investigation is complete and charge SUNIL KUMAR PATEL Date: 2022.04.12 17:45:45 IST 2 sheet is filed, no further custodial interrogation is required. There are omnibus and general allegation against the present applicant. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering the fact that investigation is complete, charge sheet is filed and no more custodial investigation of the applicant is required, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the said 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.
In view of the outbreak of new mutant Omicron of COVID-19, 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 before and after releasing the applicant.
Certified copy as per rules.
Signature SAN Not Verified Digitally signed by (VIVEK AGARWAL) SUNIL KUMAR JUDGE PATEL Date: 2022.04.12 17:45:45 IST 3 sp/- Signature SAN Not Verified Digitally signed by SUNIL KUMAR PATEL Date: 2022.04.12 17:45:45 IST