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Madhya Pradesh High Court · body

2017 DIGILAW 735 (MP)

Manoj Baiga v. State of M. P.

2017-05-29

ATUL SREEDHARAN

body2017
ORDER : Mr. Sushil Kumar Tiwari, learned counsel for the applicant. Mr. Manoj Kushwaha, learned Panel Lawyer for the respondent/State. 2. This is an application under section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to the applicant who has been arrested in connection with Crime No. 165/2016 for offence under sections 302 of Indian Penal Code registered at Police Station Pali, District- Umariya. 3. According to the case of the prosecution, the applicant has been in judicial custody since 25-5-2016 on the charges of having murdered his father. The prosecution story is that the incident relates to 24-5-2016 and an FIR was registered against some unknown person on 25-5-2016. The applicant has been arrested and the offence against the applicant is purely circumstantial in nature and there is not even last seen together evidence. On the basis of the memorandum of the applicant under section 27, the seizure made thereunder are a blood stained, pant-shirt and a hammer. 4. Learned counsel for the applicant also states that the FSL report only mentions that the blood stains were found on the seized objects. It does not specify that the blood stains were of human blood, as so stated by the learned counsel for the applicant. Substantial number of witnesses have been examined on behalf of the prosecution PW-1, 2 and 4, three are the immediate witnesses in this case are also related to the applicant herein, they all been declared hostile and cross-examined. The evidence on record prima facie does not support the allegations against the applicant. 5. Looking at the facts and circumstances of the case and the fact that the applicant is in judicial custody since 25-5-2016, the application is allowed, and it is directed that the applicant herein be enlarged on bail upon his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court. C.C. as per rules.