Ramesh and others vs State of M.P.

S.C. Vyas, J.

Mr. Pratik Mehta, Learned Counsel for the applicants.

Mr. Bhagwan Singh learned panel lawyer for respondent/State.

Arguments heard. Case diary perused.

This is first application filed u/s 439, Criminal Procedure Code at police station Mcghnagar, Jhabua, on the allegation that present applicants committed murder of one Fulji s/o Jhokha Damor and thereafter thrown his body on railway track. That body was found later on to the police and offence was registered against unknown persons. Later on, on the basis of statement given by nephew of the deceased, offence was registered against the present applicant and others.

Learned Counsel for the applicants submitted that, the sole witness Naru who is nephew of deceased Fulji, was available to the police on next day of the incident and he remains in the company of the Investigating Officer almost for one day even then he did not disclose anything regarding the incident and at that time he only stated that he does not know anything regarding the murder of Fulji. Learned Counsel for the applicant submitted that later on, after about 12 days the story was improved and the same person who have staled nothing to the police was made an eye-witness in the incident and his statement had been recorded to that effect.

I have considered the arguments advanced by Learned Counsel for the applicant and also perused material collected against the present applicants. After careful consideration of the entire material and the arguments, it appears to be a fit case for granting bail. Therefore, the application is allowed and it is ordered that applicants be released on bail on their furnishing a personal bond in the sum of Rs. 25.000/- each with separate surety of like amount each to the satisfaction of trial Court for their appearance before that Court on all dates as may be fixed in this behalf during the pendency of trial.

Applicants are also directed to abide the conditions enumerated u/s 437(3) of Criminal Procedure Code.