Madhya Pradesh High Court
Satish Dhakad vs The State Of Madhya Pradesh on 12 January, 2016
1 M.Cr.C. No. 11160/2015
Sateesh Dhakad Vs. State of M.P.
12.01.2016
Shri Madhukar Kulshreshtha, Counsel for applicant.
Shri Mohd. Irshad, Panel Lawyer for respondent/
State.
Heard the learned counsel for the parties. The applicant is in custody since 14.06.2015 relating to Crime No. 16/2015 registered at Police Station Aavda District Sheopur for the offence punishable under Sections 376(a), 302 and 201 of IPC.
Learned counsel for the applicant submits that the applicant is a youth of 28 years of age, who has no criminal past alleged against him. There is no ocular evidence against the applicant. One Munesh (PW-5) has initially stated that he saw the applicant with the deceased soon before the incident and thereafter the applicant told him that he killed the deceased, however, Munesh (PW-5) has turned hostile. He did not allege anything against the applicant. Chain of circumstantial evidence is broken. It is alleged that one chain (mala) of the deceased has been recovered from the applicant, however, it is planted by the police. The applicant is in custody without any substantial reason. No alleged offence is made out against the 2 M.Cr.C. No. 11160/2015 applicant. Under these circumstances, the applicant prays for bail.
Learned Panel Lawyer for the State opposes the bail application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, 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 may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant namely Sateesh Dhakad be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a 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 Abhi