Madhya Pradesh High Court
Ravishankar Kewat vs The State Of Madhya Pradesh on 28 July, 2015
M.Cr.C.No.7066/2015
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M.Cr.C.No.7066/2015
28.7.2015 Shri P.S.Gaharwar, counsel for the applicant.
Shri G.S.Thakur, Panel Lawyer for the State/
respondent.
ASI Shri Swatantra Kumar Rawat of Police Station Gadhwa, District Singrauli is present in person. He submits that since SO concerned and investigation officer were transferred, therefore, he could not locate the supplementary case diary.
Under such circumstances, it is not required to take any action against ASI Shri Rawat.
Heard the learned counsel for the parties. The applicant is in custody since 27.2.2015 relating to Crime No.43/2012 registered at Police Station Gadhwa, District Singrauli for the offences punishable under Sections 394, 397, 307/34 of IPC and Section 25/27 of Arms Act.
Learned counsel for the applicant submits that the applicant is a youth of 22 years of age, who has no criminal past alleged against him. Case was registered in the year 2012. The applicant is arrested in the year 2015 on the basis of evidence given by co-accused persons under Section 27 of the Evidence Act. However, that evidence is not at all admissible against the applicant. There is no named FIR against the applicant. No test identification parade has been arranged against the applicant. No robbed property M.Cr.C.No.7066/2015
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has been recovered from the applicant. Chain of circumstantial evidence is broken. The applicant is in custody since 27.2.2015, without any substantial reason. Under such circumstances, the applicant prays for bail.
Learned Panel Lawyer 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. Ravishanker Kewat may be accepted. Consequently it is hereby allowed.
It is directed that the present applicant be released on bail on his furnishing a bond in sum of Rs.40,000/- (Rupees forty 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 Pushpendra