Tilak Singh vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary.

This is first bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No. 157/2012 registered at P.S. Kurwai, District Vidisha, for the offences punishable under sections 302, 149, 148, 147, 323 of IPC.

As per prosecution case, on 9.5.2012 applicant armed with Farsa and co-accused armed with deadly weapons entered in the house of the complainant and started beating the brother of complainant, namely Nirbhay Singh, causing grievous injuries to him. When complainant intervened, he was also beaten. Nirbhay Singh died due to the injuries while he was taken to hospital.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has no concern of the incident. Smt. Kalawati who is widow of deceased is the sole eye witness. She has submitted a petition that her husband has been murdered by Lakhan Singh, Ranveer Singh, Niranjan Singh, Delansingh and Mallusingh and not by present applicant. It is further submitted that a petition u/s 482 of Cr.P.C. has been filed by Smt. Kalabai upon which this Court has directed to conduit fair investigation. It is further submitted that co-accused Pratap Singh has been enlarged on bail by this Court vide order dated 26.06.2013 passed in M. Cr. C. No. 3712/2013. Case of the present applicant is identical with the co-accused. On these grounds, prayed for bail.

Learned Panel Lawyer for the State opposed the application submitting that applicant has been named in the F.I.R. and has actively involved in the commission of crime.

Taking into consideration the facts and circumstances of the case as well as the fact that wife of the deceased claiming herself to be eye witness has filed an affidavit and also petition u/s 482 of Cr.P.C., co-accused has been enlarged on bail, I am of the view that it is a fit case to release the applicant on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in subsection (2) of Section 438 of Cr.P.C.

This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court. C.C. as per rules.