Devisingh Malviya vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is first Criminal appeal filed on behalf of appellant U/S.14(A)(2) of SC & ST (Prevention of Atrocities) Act, 1989 r/w Section 439 of Cr.P.C, 1973 in connection with Crime No.133/2022, dated : not mentioned registered at Police Station Chhapiheda, District - Rajgarh (M.P.) under Sections 302, 120-B of IPC and Sections 3(2)(v), 3(2)(va) of SC & ST (Prevention of Atrocities) Act.

Learned counsel for the appellant submits that the co-accused Bapulal has been granted bail by this Court in CRA No.4706/2023 dated 02.05.2023. The case of the appellant is identical to the aforesaid case.

Learned counsel for the respondent/state opposed the prayer for grant of bail. However, could not dispute the fact that the case of the appellant is also identical to the case of co-accused Bapulal.

4 . As per prosecution story, the applicant and co-accused Bapulal is alleged to have conspired/committed murder of deceased Dhulji. The prosecution case is based on circumstantial evidence.

Counsel for the applicant submits that there is no evidence against the present applicant except the memorandum of co-accused recorded under Section 27 of the Indian Evidence Act.

6 . Counsel for the State opposes the prayer for grant of bail on the ground that an axe has been recovered on the memorandum of the appellant. The said weapon is alleged to have been seized from the open place near the place of incident and there is no report of blood stains confirming by FSL. Further, there is also no finger print expert report.

7 . After hearing learned counsel for the parties and taking into consideration the fact that there is no circumstantial evidence connecting the present applicant to the incident. The evidence of the seizure witnesses and Chowkidar who had lodged the FIR have been recorded and they have turned hostile, I am of the view that the applicant is entitled for grant of bail.

It is directed that applicant Devisingh Malviya shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

With the aforesaid, the application is allowed and disposed off.

CC as per rules.