Madhya Pradesh High Court
Vinod vs The State Of Madhya Pradesh on 7 December, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-36721-2021
The High Court Of Madhya Pradesh
MCRC No. 36721 of 2021
(VINOD Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 07-12-2021
Shri Anurag Shivhare, learned counsel for the applicant.
Shri Pradeep Dwivedi, 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 Vinod was arrested on 26/5/2019 in Crime No.273/2018 registered at Police Station Shahgarh, District Sagar (M.P.) for the offence punishable under Sections 302, 201/34 of the IPC.
The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 04/09/2019 passed in M.Cr.C.No.31480/2019.
A s per prosecution case, on 06/10/2018, Pappu S/o Gokul Yadav informed the police that one human skeleton was lying in the forest of Madantala, Shahgarh. O n that, Police registered Merg No.40/2018 under section 174 of the Cr.P.C. and seized that human skeleton, one knife, jeans and other material from the spot. During investigation, it was found that human skeleton was of Vickky @ Vikram Rajak, who was murdered. On that, police registered the Crime No.273/2018 for the offence punishable und er Section 302 of the IPC and investigated the matter. During investigation, it was found that deceased Vickky @ Vikram Rajak had illicit relation with the wife of co-accused Rammu @ Ramratan, due to which on 28/9/2018 applicant and co-accused Brijesh @ Bade, Umesh Vishwakarma and Rammu @ Ramratan murdered deceased Vickky @ Vikram Rajak and threw his dead body in the forest. On that, police arrested the applicant and co-accused Brijesh @ Bade, Umesh Vishwakarma and Rammu @ Ramratan and also seized call details.
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 the statements of U.S. Pandey (PW-1), Rahul (PW-2), Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2021.12.07 16:56:05 IST 2 MCRC-36721-2021 Lalita Bai (PW-3), Dinesh Kumar Rajak (PW-4), Saroj (PW-5), Mahesh (PW-
6) and Satish (PW-7) have been recorded by the trial Court. They did not support the prosecution story and turned hostile. The applicant has been in custody since 26/5/2019, charge-sheet has been filed 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 and submitted that sufficient evidence is available against the applicant to connect him with the crime and the statements of other material witnesses have to be recorded by the trial court, so applicant should not be released on bail.
Lo o king to the facts and circumstances of the case and the circumstantial evidence collected by the police against the applicant during investigation and the fact that the statements of other material witnesses have to be recorded by the trial court, this Court is not inclined to grant bail to the applicant.
Hence, this M.Cr.C. is rejected.
However, it appears from the record that applicant is in custody since 26/5/2019 and the trial is still pending, therefore, it is expected from the trial Court to dispose of the case as early as possible preferably within a period of six months from the date of receipt of the copy of this order.
Office is directed to send the copy of this order to the concerned Court for information and necessary compliance.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2021.12.07 16:56:05 IST