Madhya Pradesh High Court
Ramayan Prasad Bais vs The State Of Madhya Pradesh on 15 September, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-38784-2020
The High Court Of Madhya Pradesh
MCRC-38784-2020
(RAMAYAN PRASAD BAIS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 15-09-2021
Heard through Video Conferencing.
Shri Brahmendra Pathak, counsel for the applicant.
Shri S.K. Malvi, Panel Lawyer for the respondent/State.
Heard.
This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.230/2018 registered at Police Station- Bargawan, District-Singrauli, for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
The applicant's first bail application was dismissed as withdrawn vide order dated 22.07.2019 passed in M.Cr.C. No.3266/2019.
Learned counsel for the applicant submits that the applicant is in jail since 23.06.2018. He submits that all the material witnesses have been examined and they have been turned hostile. He further submits that as per the statements of the witnesses, it can be gathered that the applicant has not committed any crime relating to Section 302 of I.P.C., but at the most, he can be said to have been involved in an offence under Section 201 of I.P.C. He submits that trial is still going on. He further submits that considering the maximum punishment under Section 201 of I.P.C. and the applicant's custody period, he is entitled to be released on bail.
O n the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that at the 2 MCRC-38784-2020 instance of the present applicant, skeleton of the deceased was found, therefore, it can be easily gathered that the applicant was also involved in the offence under Section 302 so also 201 of I.P.C., therefore, he is not entitled to be released on bail.
Considering the aforesaid and perusing the statements of the witnesses, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified Copy as per rules.
(SANJAY DWIVEDI) JUDGE Prachi Digitally signed by PRACHI PANDEY Date: 2021.09.16 11:02:59 +05'30'