Halkai @ Rambabu Ahirwar vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

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

The applicant has been arrested on 12.08.2021 in connection with Crime No.211/2021 at Police Station Tyonda, District Vidisha for the offence

punishable under Sections 302, 460 of IPC.

As per the prosecution case on 28.07.2021 at about 9:00 AM nephew of deceased Dilip and his wife Prema Bai had lodged a report to Police

Inspector Sanjeev Shrivastava, Police Station Tyonda, District Vidisha that on 27.07.2021, he met his uncle-Dilip Singh and his aunty-Prema Bai in

their house and thereafter, on 28.07.2021 in the morning, he did not see his uncle and aunty for taking water from Hand Pump, therefore, he reached

their house and called them, but nobody answered, then he entered their house and found the dead bodies of his uncle and aunty and blood was oozing

out. Thereafter, he informed to Village Chokidar and thereafter he gave information to the Police by dialing 100 and on his information, a Dehati Nalisi

was recorded under Section 174 of Cr.P.C. Afterwards, both the dead bodies were sent for medical examination. Merg was recorded and on the

basis of Dehati Nalisi, an FIR was registered for punishable offence under Sections 302, 460 and 34 of IPC at Police Station Tyonda, Distirct Vidisha

against unknown persons. During investigation, applicant/accused apprehended on 12.08.2021 and his statement was recorded and on the basis of his

statement, no recovery is made. Statement of witnesses Rakesh Raghuwanshi was recorded under Section 161 of Cr.P.C., wherein he stated that in

front of him, the accused- present applicant admitted before the Police in his memorandum under Section 27 of Evidence Act that he along with his

nephew has killed his father by means of an axe and also his mother by beating her by kicks and fists after putting chili powder in her eyes. After

investigation, charge sheet has been filed in the matter.

It is submitted by learned Counsel for the applicant that the applicant has been falsely implicated in the case. Charge sheet has been filed. The

conclusion of trial will take some time. Hence, prayed for grant of bail.

Per contra, the application is opposed by State Counsel and prayed for its rejection.

Considering the facts and circumstances of the case as well as the fact that the applicant is in custody since 12.08.2021, charge sheet has been filed

and conclusion of trial will take some time, without expressing any opinion 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 the 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.

The applicant 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.