Madhya Pradesh High Court
Sharad Yadav vs The State Of Madhya Pradesh on 15 April, 2013
M.Cr.C. No. 3447/2013
15/04/2013
Shri Manish Datt, Sr. Counsel with Shri N. Datt,
Advocate for the applicant.
Shri Vivek Lakhera, PL for the respondent/State.
Heard finally.
This is the first application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
Applicant has been arrested on 8/12/2012 in connection with Crime No. 396/2012 registered at P.S. Slimnabad, District Katni for the offence punishable under sections 302, 201 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. As per prosecution it is alleged that this applicant has committed the murder of deceased Babita. It is further submitted that there is no direct evidence against this applicant. The sole case rests on the circumstantial evidence and chain of circumstantial evidence is already broken. Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.
Learned counsel for the State opposes the application.
Considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, I am of the considered view that it is a fit case to release him on bail. Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Sharad Yadav be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin