Madhya Pradesh High Court
Pappu @ Bhagwan Das vs The State Of Madhya Pradesh on 5 August, 2014
1 M.Cr.C.6524/14
(Pappu @ Bhagwandas Vs. State of M.P.)
5/8/14
Shri S.S.Rajput, Advocate for the applicant Pappu @
Bhagwandas.
Shri Pramod Pachori, Public Prosecutor for the
respondent/State.
Heard.
Perused the case diary.
This is first bail application filed by the applicant under Section 439 of Cr.P.C.
The applicant has been arrested on 25/6/14 in connection with crime No.167/14, registered at Police Station Tyonda, district Vidisha, (M.P.) for the offence punishable under Sections 302, 460, 394 of I.P.C.
As per prosecution story, incident occurred in the intervening night of 17th & 18th May, 2014, thereafter in the morning of 18th May, 2014, FIR was lodged by the present applicant Pappu @ Bhagwandas. The police has been informed by the applicant that his maternal-aunt, namely, Kalabai was lying dead in her house. It was also informed by the applicant that in the evening of 17th May, 2014 he went to the house of Kalabai to supply food and thereafter came back to his home and in the morning when his wife went to the house of Kalabai she found Kalabai lying dead. After receiving the information from his wife, the FIR was 2 M.Cr.C.6524/14 (Pappu @ Bhagwandas Vs. State of M.P.) lodged by the applicant. During the course of investigation, one statement of Subrati Khan was recorded on 14/6/14, i.e. after a period of one month alleging that on 17th May, 2014 at about 8-9 p.m. he saw from the street going towards the house of Kalabai that the applicant was running and except this there is nothing evidence against the applicant.
Prayer for bail was made on the ground that entire case of the prosecution is based upon circumstantial evidence. The charge-sheet has already been filed. The final disposal of the case will take time. Hence, on these grounds it is prayed that the application may be allowed and the applicant may be released on bail.
The prayer for bail was opposed by the learned Public Prosecutor.
Looking to the facts and circumstances of the case and particularly in the absence of any motive, this court is inclined to grant bail to the applicant. Accordingly, without commenting any opinion on the merits of the case, the application is hereby allowed. 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 3 M.Cr.C.6524/14 (Pappu @ Bhagwandas Vs. State of M.P.) 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 (Bu)