Madho Singh Tanwar S/O Deviram vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.449/2019 registered at Police Station Rajgarh, District Rajgarh Biaora (MP) for offence punishable under Section 302 of the Indian Penal Code, 1860.

The applicant is in custody since 05.08.2019.

As per prosecution story, on 01.08.2019, a dead body of unknown person was found near Sangi Nala in Forest, Police Station Rajgarh, District Rajgarh (MP). The matter was investigated and present applicant has been implicated in the present crime.

Learned counsel for the applicant has submitted that applicant is a youth aged about 25 years and he is having no past criminal antecedents. Neither the applicant is named in the FIR nor in the statement of the prosecution witnesses. There is no eye witness of the incident and the case of the prosecution rests upon circumstantial evidence. There is no evidence to show that the deceased was last seen together with the applicant soon before his death. No article belonging to the deceased was found in possession of the applicant. According to the DNA Test Report, the dead body does not belong to son of Reshambai and Pannalal Tanwar. Therefore, there is no evidence that the recovered dead body of unknown person was the dead body of Bharat Singh Tanwar. The applicant is implicated in the present case only on the basis of his disclosure statement recorded under Section 27 of the Indian Evidence Act, 1872, which is not legal evidence. The applicant is in custody since 05.08.2019. The investigation is over and charge sheet has been filed. Conclusion of trial will take considerable long time. There is no possibility of his / her absconsion or tempering the evidence, if enlarged on bail. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made out for releasing the applicant on bail; hence he prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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

Certified copy, as per rules.