Madhya Pradesh High Court
Dheerendra Kumar Pandey @ Ramu Pandey vs The State Of Madhya Pradesh on 25 February, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
The High Court Of Madhya Pradesh
MCRC No. 60463 of 2021
(DHEERENDRA KUMAR PANDEY @ RAMU PANDEY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 25-02-2022
Shri Kuldeep Singh, learned counsel for the applicant.
Shri Punit Shroti, learned Panel Lawyer Advocate for the respondent/State.
Heard.
This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.92/2020 registered at Police Station Atraila, District Rewa, for the offence punishable under Section 302 of IPC. The applicant is in jail since 28.07.2020.
The first application has been dismissed as withdrawn on 05.01.2021 on merit.
Learned counsel for the applicant submits that thereafter statements of material witnesses have been recorded and he has filed the statements of witnesses. He further submits that from perusal of statements of witnesses recorded, it is clear that no material has been collected by the prosecution and no witness has supported the case of the prosecution indicating that it is the present applicant who has committed the crime and killed his mother. He submits that considering the statements of witnesses, it is clear that the present applicant has been falsely implicated. He, therefore, submits that the present applicant is entitled to be released on bail.
Shri Punit Shroti, learned Panel Lawyer appearing for the respondent/State on the other hand has opposed the bail application.
Considering the custody period of the applicant, i.e. 28.07.2020 and the fact that material witnesses have been examined and also the fact that he is an under trial accused, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, it is allowed.
It is directed that the applicant be released on bail upon his furnishing a Signature Not Verified SAN personal bond in the sum of Rs.80,000/- (Rupees Eighty Thousand) with one Digitally signed by SATYA SAI RAO Date: 2022.02.25 16:25:37 IST solvent surety of the like amount to the satisfaction of the trial Court concerned for 2 his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE rao Signature Not Verified SAN Digitally signed by SATYA SAI RAO Date: 2022.02.25 16:25:37 IST