Mangal Prasad Athya And Anr vs State Of M.P

Rajeev Kumar Dubey, J

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

Applicants Mangal Prasad Athya and Dharmendra Athya were arrested on 28.02.2021 in Crime No.32/2021 registered at Police Station Gadhi

Malhera, District Chhatarpur for the offence punishable under Sections 458, 460, 302, 147, 148, 149, 120B, 150, 201, 460 of IPC and Section 25,27 of

the Arms Act.

As per the prosecution case, on 17.02.2021 complainant Ravindra Patel lodged a report at police station Chhatarpur averring that on 16.02.2021 at

around 11 pm his father Ghanshyam Patel went to his field from his house when in the morning at 6:00 am his mother Kasturi Bai went to the field she

found that somebody had murdered him and his deadbody was lying there. On that, police registered Crime No. 32/2021 and investigated the matter

during investigation it was found that applicants Mangal Prasad Athya, Dharmendra Athya and co-accused Mithlesh Shrivas, Purushottam @ Sonu

Kushwaha, Mangal Singh Lodhi, Ashok Shrivas, Raghuraj Shrivas, murdered the deceased Ghanshyam Patel due to old enmity. On that police

arrested the applicants and other co-accused persons and seized one iron rod and one stick from the possession of applicants Mangal Prasad Athya

and Dharmenra Athya respectively and one stick from the possession of co-accused Mangal Singh Lodhi and one stick and one iron rod from the

possession of co-accused Ashok Shrivas and Raghuraj Shrivas respectively.

Learned counsel for the applicants submits that applicants have not committed any offence and have falsely been implicated in the offence. There is

no eyewitness of the incident and there is no direct evidence on record to connect the applicants with the crime. Police only the basis of memorandum

of applicants and seizure of one iron rod and one stick from the possession of applicants Mangal Prasad Athya and Dharmendra Athya respectively

implicated the applicants in the crime while only on that basis it cannot be said that applicants murdered the deceased Ghanshyam Patel. It is further

submitted that even in the seizure memo it is not mentioned that human blood was found on that seized articles. Charge sheet has been filed.

Applicants have been in custody since 28.02.2021, charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of

the applicants on bail.

Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that in the statement of wife of the

deceased Kasturi Bai it is mentioned that she doubted that applicant and other co-accused persons murdered her hushand. Police also seized call

details and tower location of mobiles of applicants and from the tower location of applicants it appears that at the night of incident applicants were

present near the spot which shows that applicants murdered the deceased Ghanshyam Patel. There was enmity between the applicants and deceased

Ghanshyam Patel, so they have motive to murder the deceased. Hence, applicants should not be released on bail.

Looking to the facts and circumstances of the case and the strength of evidence collected by the prosecution against the applicant during investigation

and the fact that there is no direct evidence on record to connect the applicants with the crime, the applicants are in custody since 28.02.2021, charge

sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed

that the applicants Mangal Prasad Athya and Dharmendra Athya be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-

(Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance

before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the trial;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.