Elyas Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the Third bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier applications have been dismissed as withdrawn.

Applicant has been arrested on 21.8.2021 by police Station, Bahodapur, Distt. Gwalior, in connection with crime No.591/2021 for the offence punishable under Sections 392, 397, 201 of IPC and Sections 11/13 of the MPDVPK Act.

In brief prosecution case is that on 12.8.2021 at 11.30 am Aslam Hussain lodged a Dehati Nalishi with ASI Sudeep Singh of PS Bahodapur, that dead-body of a person aged about 30 years is lying ahead of Petha Factory, Industrial Area, Shankarpur. From his head, blood was oozing out. He saw the dead-body in the morning at 11 am. On his information, Dehati Merg 0/21 was recorded. Thereafter, Merg No. 47/2021 was recorded. Dead-body Panchnama was prepared. Dead-body was identified by brother of the deceased Manish Jain as of Pankaj Jain. Dead-body was sent for postmortem. As per postmortem report, he died due to head injury within 12-36 hours of examination. Merg was enquired. During Merg enquiry, statements of Manish Kumar, Sunil Kumar, Maheshchandra were recorded. After Merg enquiry, offence under Sections 302 of IPC bearing crime No.591/2021 at PS Bahodapur against unknown person was registered. During investigation, on 21.8.2021 applicant/accused was apprehended. At his behest, one mobile of MI company and one rexine purse containing Adhar card, voter ID card, Union Bank Pass book of the deceased and Activa vehicle were seized. He was arrested. During investigation, statement of one Nasrin wife of Irshad was recorded. She has stated that applicant/accused is her relative. He came to see health of father of Najrin. He took her mobile. She saw that applicant took out SIM of her mobile and inserted it in other mobile. On questioning, he told that he is checking the mobile. This incident is of 20.8.2021. During investigation, CDR was also taken, according to which applicant was found near the place of incident. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 21.8.2021. It is further submitted that prosecution case rests on circumstantial evidence. One witness Manish was examined before the trial Court. In cross-examination, he has not supported the seizure of property from the present applicant. He has stated that seizure was prepared at police Station. During seizure, he was standing outside in the lane. He was not allowed to go inside. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on 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 applicant furnishes bail bond of Rs.25,000/- (Rupees 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.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.