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2022 DIGILAW 1470 (MP)

Gayan Singh Gond v. State of Madhya Pradesh

2022-12-08

VISHAL DHAGAT

body2022
JUDGMENT Vishal Dhagat, J. - These are first bail applications filed under Section 439 of Cr.P.C. on behalf of applicants Gayan Singh Gond and Bharat Singh, who are in jail since 05.07.2022, in connection with Crime No.236/2022 registered at Police Station Rithi, District Katni (M.P.) for the offence punishable under Section 302/34 of Indian Penal Code. 2. Learned counsel appearing for the applicants submitted that one of the co-accused namely Narayan Singh Gond has already been released on bail. Cases of applicants are identical to that of co-accused person. As per prosecution story, applicant left in company of Gayan Singh Gond for doing campaigning on 02.07.2022 but, on next day i.e. 03.07.2022 his dead body was found. Stone was also found near dead body, by which deceased was killed. It is submitted that there is no other evidence except the fact that deceased left alongwith Gayan Singh Gond for campaigning. In these circumstances, applicants be released on bail. 3. Learned Government Advocate appearing for the State opposed the applications for grant of bail and submitted that there is evidence of last seen together with applicant Gayan Singh Gond, therefore, applications be dismissed. 4. Heard the counsel for the parties. 5. Considering the facts and circumstances of the case and evidence available on record, bail applications (M.Cr.C. No. 57855/2022 and M.Cr.C. No. 56540/2022) are allowed. 6. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial court. 7. In addition to aforesaid condition, the applicants shall abide by the conditions enumerated in Section 437(3) of Cr.P.C. Certified copy as per rules.