Dev Alias Devu Yadav vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first post-arrest application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 22.11.2022 in connection with Crime No.198/2020 registered at Police Station Civil Lines, Sagar District Sagar (M.P.) for the offence punishable under Sections 302, 307, 325, 323, 294, 506, 147, 148, 149, 449, 452, 458, 459/34 of Indian Penal Code.

Learned counsel for the applicant sanguinely submits that the applicant has been made accused on the basis of memorandum, however, eyewitnesses have been examined in the trial Court including the son of deceased Rohit, who

turned hostile and he did not identify the applicant nor supported the prosecution case, conversely stated that incident did not occur before him and he did not see the incident. He further submits that other accused persons have already been admitted to bail by this Court. On these grounds, he implores that the applicant may be enlarged on bail.

In contrast, learned counsel for State opposes the bail application and prays for its dismissal.

Cogitating the overall facts and circumstances, including the the fact that the applicant is an under-trial accused and eyewitnesses have turned hostile, I am inclined to consider and allow this bail application. However, without commenting anything on merits, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum o f Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.