Madhya Pradesh High Court
Labbu @ Gajadhar Nisha vs The State Of Madhya Pradesh on 14 October, 2014
M.Cr.C. No.15748/2014
14/10/2014
Shri Ashok A. Tiwari, Advocate for the applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard the learned counsel for the parties. The applicant is in custody since 5/6/2014 in connection with Crime No.450/2014 registered at Police Station Kotwali, Katni for the offences punishable under Sections 302, 201, 34 of IPC and Sections 25/27 of the Arms Act.
Learned counsel for the applicant submits that the applicant is a youth of 21 years of age, who has no criminal past as such. Nine minor cases were registered against the applicant in the past, but he was enlarged on bail in those cases. In the present case, there is no ocular evidence against the applicant. The chain of circumstantial evidence is broken. Except of fact of last seen, there is no circumstance against the applicant. It is alleged against the co-accused Dipu alias Dipak that he killed the deceased Vinay by firing from his pistol. No weapon has been seized from the applicant. There is no evidence to show the common intention of the applicant with the co-accused Dipu. The applicant is in custody without any substantial reason. Under these circumstances, he prays for bail.
Learned counsel for the State opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Labbu @ Gajadhar Nishad may be accepted. Consequently it is hereby allowed.
It is directed that present applicant be released on bail on her furnishing a bond in sum of Rs.50,000/- (Rupees fifty thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K.Gupta) Judge Ansari