Puttu Sakhwar vs State Of Madhya Pradesh

The applicant has filed this first application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 26/4/2018 by Police Station Nagra, District Morena in connection with Crime No.40/2018 registered in relation to the offences punishable under Sections 302 and 34 of the IPC.

Prosecution story, in short, is that complainant lodged the FIR in the form of Dehti Nalshi to the effect that on 22/04/2018, son of the applicant went to the house of the complainant and said that some altercation is going on between the applicant and Rajni (deceased) and when the complainant reached the house of the applicant and seeing the complainant,the applicant along with co-accused persons ran away from the house. When the complainant went inside the house, she found that Rajni (deceased) was lying dead in the box filled with wheat and the deceased was strangulated by a towel (Safi). On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is aged about 36 years who has no criminal past alleged against him and he has been falsely implicated in the present case. It is also submitted by the counsel for the applicant that there is no evidence against the applicant of strangulating the deceased and omnibus allegations have been levelled against the applicant, therefore, offence under Section 302 of IPC is not made out. Only one injury was found on the body of the deceased which was caused by hard and blunt object, therefore, medical evidence and oral evidence is not corroborated as cause of death of the deceased is injury by hard and blunt object and not by strangulation. The applicant is the permanent resident of Village Santho Banzari ka Pura, Police Station Nagra, District Morena. There is no likelihood of his absconsion or tampering with the prosecution evidence,if he is released on bail. No further custodial interrogation is required in the matter. The applicant is in jail since 26/4/2018 without any substantial reason and early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail.

Learned Public Prosecutor for the State has opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case and that co-accused Sikandar @ Pappu has been enlarged on bail vide order dated 4-1-2019 in M.Cr.C.No.46091-2018, I am of the opinion that this is a fit case to grant the bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and 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 two local solvent sureties each of Rs.50,000/-(Rupees Fifty Thousand Only) to the satisfaction of the concerned trial Court.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

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

The applicant will not leave India without previous permission of the trial Court/Investigating Officer,as the case may be.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.