Madhya Pradesh High Court
Vikram Singh Yadav vs The State Of Madhya Pradesh on 13 September, 2019
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-32354-2019
The High Court Of Madhya Pradesh
MCRC-32354-2019
(VIKRAM SINGH YADAV Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-09-2019
Shri Rajendra Kumar Shrivastav, learned counsel for the applicant.
Shri Manoj Singh, learned PL for the respondent/State.
Heard with the aid of case diary.
This is second bail application filed by the applicant under Section 439 of Cr.P.C.
Applicant Vikram Singh Yadav was arrested on 28/10/2018 in Crime No.594/2018 registered at Police Station Nowgaon, District Chhatarpur (M.P.) for the offence punishable under Sections 302/34 of the IPC.
The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 11/1/2019 passed in M.Cr.C.No.529/2019.
As per prosecution case, on 20/10/2018 Anoop Tiwari younger brother of the deceased Sunil Tiwari @ Pappu informed the police that the dead body of deceased Sunil Tiwari @ Pappu was lying in his house situated at Param Colony, Nowgaon, somebody had murdered him. On that police registered Crime No.594/2018 for the offence punishable under Section 302 of the IPC and investigated the matter. During investigation, it was found that in the intervening night of 19-20/10/2018 applicant Vikram Singh Yadav and co- accused Jay Singh Rajput went to deceased Sunil Tiwari @ Pappu's house and assaulted him by sabbal and baka, due to which he sustained injuries and died. Thus applicant and co-accused murdered him. On that police arrested the applicant Vikram Singh Yadav and co-accused Jay Singh Rajput.
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that there is no direct evidence on record to connect the applicant with the crime. Police only on the basis of statement of Shyam Bihari (PW-1) implicated the applicant in the crime. While the statement of Shyam Bihari (PW-1) has been recorded by the trial Court. He did not support the prosecution story and turned hostile. Charge-sheet has been filed. The applicant is in custody since 28/10/2018 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the contention of learned lawyer for the applicant and the fact that the charge sheet has been filed, applicant is in custody since 28/10/2018 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his Digitally signed by VARSHA SINGH Date: 14/09/2019 10:27:29 2 MCRC-32354-2019 furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE VS Digitally signed by VARSHA SINGH Date: 14/09/2019 10:27:29