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2006 DIGILAW 986 (MP)

Omprakash v. State of M. P.

2006-08-18

S.C.VYAS

body2006
Judgment ( 1. ) ARGUMENTS heard. Case diary perused. ( 2. ) THIS is first application filed under Section 439, Cr. P. C. for grant of bail in connection with Crime No. 119/06 registered under Section 302 of IPC at Police Station, Bilpank, Ratlam. As per the allegations of the prosecution, dead body of one Juzhar was found in his own field having certain injuries on his body. Case against unknown persons was registered by the police. Later on, co-accused Anokheelal and present applicant Omprakash were arrested by the police and on their discloser statement one axe from co-accused, Anokheelal and one Farsi from present applicant has been recovered. ( 3. ) IT is also alleged that the deceased was having illicit relations with the wife of co-accused Anokheelal and that was the motive for killing the deceased Juzhar. ( 4. ) LEARNED Counsel for the applicant submitted that except recovery of one Farsi at the instance of the present applicant no other material is available against him and no other evidence have been collected by the police during investigation. ( 5. ) LEARNED Counsel for the applicant further submitted that the alleged Farsi also could not be connected with the crime because as per the report of Forensic Science Laboratory the blood stains found on that Farsi were disintegrated and their origin could not be traced. He has further submitted that, that Farsi also was seized from the house of co-accused Anokheelal and not from the house of present applicant. He also submitted that mere recovery of alleged Farsi could hardly complete the chain of circumstances to draw the inference against the present applicant. ( 6. ) LEARNED Panel Lawyer concedes that except the discloser statement given by the present applicant under Section 27 of the Evidence Act and the presence of blood stains on the alleged Farsi, no other material has been collected against the present applicant. ( 7. ) HAVING considered the facts and features of the case and material collected by the police during investigation against the present applicant and the arguments advanced by learned Counsel for the applicant, the application is allowed and it is ordered that applicant be released on bail subject to his furnishing a personal bond in the sum of Rs. ( 7. ) HAVING considered the facts and features of the case and material collected by the police during investigation against the present applicant and the arguments advanced by learned Counsel for the applicant, the application is allowed and it is ordered that applicant be released on bail subject to his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Ratlam for his appearance before that Court/trial Court on all dates as may be fixed in this behalf during the pendency of trial. ( 8. ) THE applicant is also directed to abide by the conditions enumerated under Section 437 (3) of Cr. P. C.