Ali Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail.

The applicant was arrested on 28.10.2021 in connection with Crime No.226/2021 by Police Station Kotwali, District Sheopur (M.P.) for the offence

punishable under Sections 302, 34 of IPC.

In brief, the prosecution case is that on 14.05.2021, complainant Pankaj Shivhare, has lodged a report at Kotwali, Sheopur that from last three years he

is working as salesman at a liquor Company at Sheopur and from the last 20 days at Shop No.4 of the liquor company deceased Santosh, resident of

Lalitpur, was also doing work of salesman. Due to lock down, they were doing chowkidhar of the shop. On 13.05.2021 at 7 P.M., deceased Santosh

saying that he has to go outside. When he did not return after some time at 8.39 P.M., he telephoned on his mobile, he replied that he will come after

some time. When he did not return, he went behind the shop and saw that the deceased Santosh is lying down on the land and on his body blood was

oozing out. He telephoned his owner Rajiv Shivhare. Thereafter, Police came on that spot and informed his family members. on his chest incised

wound of knife was found. On his complaint, offence under Sections 302, 34 of IPC against unknown persons was registered. Postmortem was

conducted. During investigation applicant/accused was apprehended after five and a half months of the incident. At his behest, four empty bottle of

country made liquour was seized and statement of one witness Devendra was recorded after five and a half months of the incident on 28.10.2021. In

his statement, he has stated that he listened after five and half months at 8 P.M., applicant/accused Ali and Kuber talking that Shadik, Shanu Dohre,

Irshad alongwith them went to by a liquor, there a dispute arose. During which, Shadik killed the shop keeper. Applicant/accused was arrested on

28.10.2021.

After investigation, charge-sheet has been filed.

Learned counsel for the applicant submitted that applicant is innocent. He has been falsely implicated in the case. He is in custody since 28.10.2021.

He is ready to abide all the terms and conditions which may be imposed by this Court. Therefore, prayed for grant of bail.

Learned State counsel has vehemently opposed the bail application and prays for its rejection.

Looking to the facts and circumstances of this case without commenting upon the merits of the case, this Court is of the opinion that the application

should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Twenty Five thousand only) with

one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.