Rahul vs State Of M.P

Satyendra Kumar Singh, J

Heard on I.A.Nos.10933/2021, 11423/2021 and 27899/2021 which are documents/ applications for taking additional documents and documents on record.

After due consideration, I.A.Nos.10933/2021, 11423/2021 and 27899/2021 are allowed.

The aforesaid documents are taken on record along with additional documents.

With consent, heard finally.

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 13.1.2021 in connection with Crime No.24/2021 registered at Police Station Makdone District Ujjain for commission of offence punishable under Section 302 of IPC.

Prosecution story, in brief, is that applicant is son of deceased Tejulal. On 8.1.2021 at about 17.13 PM, the applicant committed murder of his father deceased Tejulal by strangulation.

Learned counsel for the applicant submits that applicant himself lodged a Dehatinalishi about the death of his father and police made him accused on the basis of his confession before the police. There is no legal evidence against the applicant. All the witnesses in front of whom it is alleged that applicant made extra judicial confession about the crime have been examined and none of them have supported the prosecution story. Applicant has been falsely implicated in the matter. Applicant is in custody since 13.1.2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submitted that applicant made Extra Judicial confession in front of prosecution witnesses and offence alleged against him is serious in nature,therefore, he is not entitled for bail.

Having considered the rival submissions, material produced on record, admittedly this case is based on extra judicial confession and other circumstantial evidence because almost all prosecution witnesses except Krishnabai wife of the applicant have been examined in front of whom it is alleged that he made extra judicial confession about his guilt and they have not supported the prosecution story and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules..