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Judgment
11 paragraphs · 406 wordsG.S. Ahluwalia, J
It is submitted by the Counsel for the applicant that the police has filed the charge sheet and he has filed the copy of the charge sheet and, therefore, the present application may be considered in the light of the charge sheet.
This is second application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed by order dated 04/01/2021 passed in MCRC No.53105/2020 with liberty to revive the prayer after the examination of Chhotu Ahirwar.
The applicant has been arrested on 20/08/2020 in connection with Crime No.442/2020, registered by Police Station Kotwali, District Ashok Nagar, for offence punishable under Sections 302, 201 & 34 of IPC.
It is submitted by the counsel for the applicant that Chhotu Ahirwar has been examined and he has not supported the prosecution case. There is no substantive evidence against the applicant and the trial is likely to take sufficiently long time. So far as the recovery of one Kada is concerned, the same was not put for Test Identification Parade. This Court, by order dated 10/12/2020 passed in MCRC No.50017/2020, has granted bail to co-accused Neeraj alias Neetu.
Per contra, the application is opposed by the Counsel for the State. It is submitted that not only Kada was seized from the possession of the applicant but as per the statement of Chhotu Ahirwar, the applicant had made an extra-judicial confession that he had killed the deceased Radheyshyam and his dead body was thrown in a well. However, he fairly conceded that Chhotu Ahirwar has turned hostile.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.