Madhya Pradesh High Court
Beerpal vs The State Of Madhya Pradesh on 31 October, 2014
(Birpal Vs. State of M.P.) 1 M.Cr.C. No. 9604/2014 31/10/2014
Shri D.S. Tomar, Advocate for the applicant. Shri Sanjay Agrawal, Advocate for the complainant. Shri R.K. Shrivastava, Panel Lawyer for the State. Heard on I.A. No. 8256/2014, an application preferred under Section 301(2) of Cr.P.C.
Looking to the averments made in the application, application is allowed. Shri Agrawal is permitted to assist the prosecution.
Heard on bail application.
Case diary has been perused.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
Applicant has been arrested on 31.08.2014 in connection with Crime No. 455/2014 registered at Police Station Pichore district Shivpuri for the offence punishable under Sections 302, 201/34 of IPC.
As per prosecution story, one missing person report was lodged on 20.08.2014 by Imrat Lodhi that his son Maharaj Singh (deceased) is missing since 19.08.2014. Thereafter, on next day, dead body was found near Nidhanpur well.
Prayer for bail was made on the ground that as per allegation made, murder of Maharaj Singh was committed by co- accused Devi Lal though at that time present applicant was also present on the spot but no overt act was assigned to him in (Birpal Vs. State of M.P.) 2 M.Cr.C. No. 9604/2014 commission to the offence of murder. The only allegation made against the present applicant is that dead body of Maharaj Singh was thrown in the well in order to disappear the evidence. Charge-sheet has been filed.
Prayer for bail was opposed by learned Panel Lawyer. Looking to the facts and circumstances of the case and the act of Birpal but without commenting on the merits of the case, the present application is allowed and it is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(B.D. Rathi) Judge Abhi*