CourtKutchehry.com
High CourtsSingle Bench

Jitendra And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 November 2023 · Citation: (2023) 11 MP CK 0042

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 302, 365
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 49848, 49851 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 393 words

Vijay Kumar Shukla, J

1.

These are first bail applications under Section 439 of Cr.P.C in connection with crime No.531/2022, registered at P.S - Nogaon District - Dhar (M.P) for offence punishable under Section 302, 201, 365 and 34 of IPC.

2.

The earlier bail applications were dismissed as withdrawn.

3.

As per the prosecution case, it is alleged that the applicants and other co-accused persons have caused murder of one Devisingh. The prosecution case is based on the statement of one Rajesh, who is said to be last seen witness. The statement of Rajesh has been recorded in the Court and he has not supported the prosecution case. Apart from that, there is no other evidence connecting the applicant with the murder of the deceased. It is alleged that one Lathi is seized from the instance of the applicant but there is no blood stain on it.

4.

Considering the aforesaid and the fact that the applicants are in jail since 03.12.2022 and the trial may take time to conclude, I am of the view that the present applicant be enlarged on bail.

5.

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

6.

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.

7.

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.

8.

With the aforesaid, the application is allowed and disposed off. CC as per rules.