Madhya Pradesh High Court
Tilakdhari Singh Gond vs The State Of Madhya Pradesh on 12 May, 2017
MCRC-4898-2017
(TILAKDHARI SINGH GOND Vs THE STATE OF MADHYA PRADESH)
12-05-2017
Mr.P.K.Saxena, learned counsel for the applicant.
Mr.S.S.Chouhan, learned Government Advocate for the
respondent/State.
This is an application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to the applicant who has been arrested in connection with Crime No.970/2016 for offence under sections 302 read with Section 201/34 of IPC registered at Police Station-Waidhan, District- Singrauli.
According to the case of the prosecution, the deceased had gone missing on 13.09.2016, thereafter, his skeletal remains were unearthed by the police and the witnesses have identified the said remains as that of the deceased on the basis of the clothes of the skeleton. The applicant was arrested on 10.11.2016, this is a case which rests on evidence of last seen together who state that the applicant and co- accused were seen in the company of the deceased. Subsequently, a purse in which a voter ID and passport size photograph of the deceased, was recovered from the applicant herein on 11.11.2016. Learned counsel for the applicant has stated that the said objects have been planted on the applicant and that is preposterous to even assume that the applicant would take the voter ID card of the deceased which was no practical use to him and which would implicate him on a future date.
Looking at the facts and circumstances of the case and the fact that the charge-sheet has been filed in this case and the evidence is circumstantial in nature of last seen together and the recovery of a purse in which a voter ID card and a passport size photograph of the deceased have been seized from the applicant herein on 11.11.2016, the application is allowed, and it is directed that the applicant herein be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. C.C. as per rules.
(ATUL SREEDHARAN) JUDGE rk.