Madhya Pradesh High Court
Kalu @ Kallu vs The State Of Madhya Pradesh on 21 June, 2016
MCRC-4980-2016
(KALU @ KALLU Vs THE STATE OF MADHYA PRADESH)
21-06-2016
Shri R.R.Bhatnagar, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned P.L., for the respondent/State.
Case diary is available.
This is first bail application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail. The accused/applicant is arrested by the Police Station Barod, District Agar in Crime No.226/2014 under sections 302,201/34 of IPC and Section 3(ii)(v) of SC/ST(Prevention of Atrocities) Act.
According to the prosecution story, the dead body of an unidentified woman was found in the culvert on which Merg No.33/2014 was registered. After preparation of Lash Panchnama, the dead body was buried. Subsequently the dead body was identified as that of Ravina. After due investigation charge sheet was filed against the co-accused Chandan Singh and Mukesh. The present applicant remained absconding. The co-accused faced trial and were acquitted. After their acquittal, the present applicant was arrested and a fresh trial is being conducted against him.
Arguments heard, case diary perused.
Learned counsel for the applicant placed reliance on the judgment of this Court in the case of Ujagar Singh Vs. State of M.P. 2000 (I) MPWN 12 in which it was held that when other accused were tried and acquitted, the acquittal became final and rest of the accused are entitled for bail Learned counsel for the State opposes the bail application. Learned counsel for the applicant submits that though the evidence recorded against the co-accused is not admissible against the present applicant still there are certain findings by the Court which will not change and would apply in the case of the present applicant also. If those findings are taken into consideration the matter softens the rigours of the case against the present applicant.
After due consideration and looking to the fact that other co- accused are acquitted as all the relatives of the deceased turned hostile before the Court, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rs. Fifty Thousand only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
(ALOK VERMA) JUDGE