Krishna @ Krishn Kumar Patel vs State Of Madhya Pradesh And Others

Heard.

This first appeal has been filed by the appellant under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act, 1989, for grant of bail to the appellant.

The appellant is in custody since 28.07.2019, in connection with Crime No.189/2019 registered at Police Station Saleha, District-Satna (M.P.) for the offence punishable under Sections 302 of the IPC and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989.

As per prosecution, on 20.07.2019 dead-body of deceased-Maiku was found inside the house of deceased. Thereafter, Dehati Nalisi was registered against the unknown person. On 28.07.2019, present appellant was arrested by the police and during investigation and it is found that present appellant took loan from the deceased-Maiku and present appellant is not ready to repay the same, due to which, he beaten the deceased by means of stone and axe, resultantly, deceased has died. On the confession statement of the present appellant, human blood stained a small bag, clothes, money and sleeper were seized from the possession of present appellant.

Learned counsel for the appellant submits that the appellant is innocent person and he has been falsely implicated in this case. Present appellant is in jail since 28.07.2019 and there is no criminal antecedent against the present appellant. No eye witness and no circumstantial evidence is available on record on which it can be said that the present appellant has committed murder of deceased-Maiku. It is alleged by the prosecution that a small bag was seized from the possession of the present appellant, but during investigation, no identification parade thereof was conducted by the police. No last seen evidence is available on record against the present appellant. Present appellant made an accused on the basis of suspicious circumstances. Appellant is aged 32 years and no previous criminal record of the present appellant. Charge sheet has been filed. There is no probability of his absconding or tampering with the evidence of prosecution witnesses. The appellant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the appellant prays for grant of bail to the appellant.

Per-contra, learned G.A. opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case, appellant is in jail since 28.07.2019, there is no probability of his absconding or tampering with the evidence of the prosecution witnesses, no weapon was seized from the possession of the present appellant, appeal will take long time for final disposal, no last seen evidence is available on record against the present appellant, it would be appropriate to release the appellant on bail, therefore without commenting on merits of the case, appeal of the appellant under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act, 1989, seems to be acceptable. Consequently, it is hereby allowed.

It is directed that accused/appellant-Krishna @ Krishn Kumar Patel be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court.