Madhya Pradesh High Court

MCRC/54827/2023 of SHIVNANDAN SINGH GOND 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 JABALPUR

BEFORE

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

MISC. CRIMINAL CASE No. 54827 of 2023

BETWEEN:-

SHIVNANDAN SINGH GOND S/O SHRI CHAMRA SINGH,AGED ABOUT 33 YEARS, OCCUPATION: SELFEMPLOYED R/O VILLAGE KOHKA NAVATOLA P.S.KARANPATHAR DISTRICT ANUPPUR (MADHYAPRADESH)

(BY SHRI JAI SHUKLA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICES TA T I O N KARANPATHAR DISTRICT ANUPPUR(MADHYA PRADESH)

(BY SHRI S.P. CHADAR - GOVERNMENT ADVOCATE)

.....RESPONDENTS

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

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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.165/2022 registered at Police Station-Karanpathar, District-Anuppur (M.P.)for the offence under Sections 302, 201, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant isin jail since 26.07.2022. Applicant is innocent and has falsely been implicated inthe case. As per prosecution story, one Sonu Singh was killed by someunknown person. After six days of incident, his father lodged a report that his son may have been killed by applicant and two other co-accused persons. Onbasis of said statement, applicant and other three persons were arrested.Memorandum was taken. Except memorandum there is no direct evidenceagainst the applicant. Complainant namely Daya Singh is examined and turnedhostile. Co-accused has already been enlarged on bail. In these circumstances,applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail. It is submitted that offence is heinous in nature.Clothes and shoes of deceased are said to have been recovered from applicant.It is submitted that human blood was found on the shirt of applicant. In thesecircumstances, applicant may not be released on bail.

4. Learned counsel for applicant submitted that blood group could not bedetermined.

5. Heard the counsel for the parties.

6. Applicant is made accused on basis of circumstantial evidence, co- accused namely Sukhram Singh has been released on bail vide order dated19.01.2024 passed in MCRC No.1280/2024. Applicant is in jail since26.07.2022.

7. Considering the totality of aforesaid facts and circumstances of thecase and long custody period of applicant, without commenting on the meritsof the case, bail application filed by applicant is allowed.

8. It is directed that the applicant shall be released on bail on furnishingpersonal bond of Rs.50,000/- (Rs. fifty thousand only) with one solvent suretyin the like amount to the satisfaction of the trial Court concerned for his regularappearance before Court on all such dates as may be fixed in this regard during pendency of trial.

9. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he issuspected and;

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

$A

10. C.C. as per rules.(VISHAL DHAGAT)JUDGE

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