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MADHYA PRADESH HIGH COURT
J.P. Gupta, J.
Raj Sahu - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 27805 of 2020
Decided On : 07-10-2020
Bail Application - Section 439 of Cr.P.C. - The court granted bail to the applicant who was in custody for the offence punishable under Section 305 of IPC, considering the lack of cogent evidence and the likelihood of trial delay due to Covid-19.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. for the offence punishable under Section 305 of IPC, stating innocence and lack of evidence connecting him to the crime.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant, considering it a fit case for bail due to lack of cogent evidence and the likelihood of trial delay due to Covid-19.
Issues: The main issue was whether the applicant should be granted bail despite being in custody for the offence punishable under Section 305 of IPC.
Ratio Decidendi: The court's decision was influenced by the lack of cogent evidence to connect the applicant with the crime and the likelihood of trial delay due to Covid-19, leading to the grant of bail.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
JUDGMENT
J. P. Gupta, J. - This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 5.12.2019 in connection with Crime No.596/2019 registered at Police Station Station Bajariya District Bhopal for the offence punishable under Section 305 of IPC.
2. Allegation against the applicant is that he instigated the deceased to commit suicide by insisting to marry him and that on that account the prosecutrix committed suicide.
3. It is submitted that the applicant is innocent. He is in custody since 5.12.2019. Trial is still pending and will take time due to Covid-19. There is no cogent evidence to connect the applicant with the crime and on the basis of suspicion and on insufficient material he is going to be prosecuted. There is no likelihood of his absconding and tempering with the material witnesses and his further custody is not warranted. Hence, he be enlarged on bail.
4. Learned P.L., opposed the application and prayed for rejection of the same.
5. Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this application is allowed.
6. Applicant Raj Sahu is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.
7. Certified copy as per rules.
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