Madhya Pradesh High Court
Rajendra @ Rajen @ Raja vs The State Of Madhya Pradesh on 13 August, 2018
1 M.Cr.C.No.31269/2018
(Rajendra @ Rajen @ Raja Vs. State of M.P.)
Indore : Dated 13.8.2018
Shri Akash Rathi, learned counsel for the applicant.
Ms. Bharti Lakkad, learned Govt.Advocate for the respondent/
State.
This is fourth bail application under Section 439 of the Cr.P.C. The first bail application was dismissed as withdrawn on 10.11.2017. The second and third applications were dismissed as withdrawn on 11.4.2018 and 18.6.2018 respectively. The applicant is in Jail since 17.7.2017 in connection with Crime No.260/2017 registered at Police Station Hatpiplya, District Dewas, for the offence punishable under Section 306, 34 of IPC.
As per prosecution story wife of the applicant has consumed poison and suffered death, the present case has been registered.
It is submitted that the incidence is of 1.4.2017 and the FIR was lodged on 6.7.2017 at a distance of more than three months and there is no explanation for the delay so caused. That apart, the applicant was present in the hospital where deceased was given treatment. The investigation is complete, challan has been filed. No further custodial interrogation is required. The applicant has no criminal antecedents. The statements of the parents and other relatives of the deceased recorded on 6.7.2017 are fabricated. It is a case of false implication hence, prays for enlargement on bail on the ground of parity.
Per contra, Ms. Bharti Lakkad, learned Govt.Advocate opposes the bail application supporting the impugned order.
Heard.
Without commenting on the rival contentions in the obtaining facts and circumstances and on parity, in the opinion of this Court, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac) each only with solvent surety in the like amount to the satisfaction 2 M.Cr.C.No.31269/2018 (Rajendra @ Rajen @ Raja Vs. State of M.P.) of the Trial Court to appear before the trial Court on the dates given by the concerned Court and also comply with the conditions enumerated under Section 437(3) of Cr.P.C.
CC as per rules.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2018.08.14 16:10:20 +05'30'