Madhya Pradesh High Court

MCRC/55709/2023 of RAMESH SINGH KUNJAM Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 55709 of 2023

BETWEEN:-

RAMESH SINGH KUNJAM S/O LATE SHRI PRATAPSINGH KUNJAM, AGED ABOUT 40 YEARS,OCCUPATION: LABOURER RESIDENT OF VILLAGESAHDARA PS KUNDAM, DISTRICT JABALPUR (MADHYAPRADESH)

(BY SHRI KUNAL DUBEY - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KUNDAM, DISTRICT JABALPUR (MADHYAPRADESH)

(BY SHRI Y.D. YADAV - GOVT. ADVOCATE)

.....RESPONDENT

This application coming on for admission this day, the court passed thefollowing:

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ORDER

This is second application filed by the applicant under Section 439 of theCode of Criminal Procedure for grant of regular bail relating to FIRNo.223/2022, registered at Police Station-Kundam, District Jabalpur (M.P.) forthe offence under Sections 302 and 34 of Indian Penal Code.

2. First bail application filed by applicant was dismissed in limine.

3. Learned counsel appearing for the applicant submitted that applicant is made accused on basis of circumstantial evidence. Lathi is said to have beendiscovered from an open place. FIR is against unknown person. Fingerprint of applicant was also not traced on the lathi seized by the police. In thesecircumstances, applicant may be released on bail.

4. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that blood stained clothes ofapplicant was seized and blood was found on his shirt and lower which he waswearing.

5. At this stage, counsel for applicant submitted that only circumstanceof blood stained clothes is not sufficient circumstance.

6. Heard the counsel for the parties.

7. Considering the totality of facts and circumstances of the case and period of custody, bail application filed by applicant is allowed. It is directed that applicant shall be released on bail on furnishing personal bond of Rs.

50,000/- (Rs. Fifty Thousand Only)with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance beforeCourt on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the following conditions of Section437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;

(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.

9. C.C. as per rules.

sp/-

(VISHAL DHAGAT)JUDGE

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