Divesh (Devesh) Jogi vs State Of MP

G.S. Ahluwalia, J

It is submitted by the Counsel for the applicant that the police has filed the charge sheet and copy of the charge sheet has been filed by co-accused Pintu alias Pushpendra in MCRC No.18839 of 2021 and, therefore, the present application may be considered in the light of the charge sheet.

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 20/08/2020 in connection with Crime No.442/2020 registered by Police Station Kotwali, District Ashok Nagar, for offence punishable under Sections 302, 201 & 34 of IPC.

It is submitted by the Counsel for the applicant that according to the prosecution case, the dead body of one Radheyshyam was found in a well. According to the prosecution case, the applicant was found to be in possession of one SIM. So far as the evidence of extra-judicial confession made to one Chhotu Ahirwar is concerned, the said witness has already been examined and he has not supported the prosecution case and co-accused Pintu alias Pushpendra has also filed copy of deposition sheet of Chhotu Ahirwar. At present, there is no substantive evidence against the applicant and the trial is likely to take sufficiently long time.

It is further submitted that the recovery of SIM has been falsely shown because there was no good reason for the applicant to keep the same with him, specifically when it was already blocked because of insufficient balance. However, there is nothing on record to indicate that the said Sim was of the deceased. This Court, by order dated 10/12/2020 passed in MCRC No.50017/2020, has already granted bail to co-accused Neeraj alias Neetu.

Per contra, the application is opposed by the Counsel for the State. However, it is fairly conceded that the prosecution witness Chhotu Ahirwar has already turned hostile and has not supported the prosecution case.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rule.