Madhya Pradesh High Court
Babloo Alias Om Prakash Sahu vs The State Of Madhya Pradesh on 21 November, 2014
M.Cr.C.No.16923/2014
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Babloo @ OM Prakash Sahu Vs. State of MP
21/11/2014
Shri Sankalp Kochar, learned counsel for the appellant. Shri Manoj Kushwaha, learned Panel Lawyer for the State. Having heard learned counsel for the parties, it is seen that the applicant has been arrested in Crime No.25/2007 at Police Station Motinala, District-Mandla for having committed offence under Section 302, 394, 414, 201 & 34 IPC. He is in custody since 13.7.2011.
The only evidence available against the applicant is that he was last seen along with the deceased. Apart from the present applicant, co-accused persons, Arjun Verma, Dipak Tiwari are also identically situated, they were also last seen along with the deceased. Similarly, co-accused Krishna Kumar @ Gyanendra Patel is also identically situated. All these persons have been granted bail by this Court in M.Cr.C.Nos.2763/2010, 2695/2008 & M.Cr.C.No.11068/2007.
As the present applicant is concerned, he could not be arrested in the present case because he was already in custody in Jail Chhindwara in connection with some other offence. It is only after he was produced from Chhindwara that he was arrested on 13.7.2011.
Keeping in view the fact that the case of the present applicant is at par with that of co-accused persons Arjun Verma, Dipak Tiwari and others as referred to herein above, there is no reasons for denying similar benefit to the applicant.
In view of the aforesaid, it is directed that the applicant (Babloo @ Om Prakash Sahu) be released on bail on his M.Cr.C.No.16923/2014 2 Babloo @ OM Prakash Sahu Vs. State of MP furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of the like amount to the satisfaction of the trial court.
With the aforesaid, this application stands allowed and disposed of.
Certified copy as per rules.
(Rajendra Menon) Judge nd