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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Radheshyam – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60917 of 2022
Decided On : 26-12-2022
Bail - Offences under IPC Sections 304/34 - Applicant granted bail based on lack of legal evidence connecting him to the offence
Fact of the Case:
The applicant is implicated in a case involving offences under Sections 304/34 of IPC, where the main allegation is against a co-accused. The applicant, the sole bread earner of his family, has been in custody since 12/09/2022 and seeks bail due to lack of evidence connecting him to the offence.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the application for bail based on the facts and circumstances, directing the applicant to be released on bail with certain conditions.
Issues: The main issue is the grant of bail to the applicant who claims innocence and lack of evidence connecting him to the offence.
Ratio Decidendi: The court considered the lack of legal evidence connecting the applicant to the offence and the fact that the main allegation is against a co-accused, along with the applicant being the sole bread earner of his family and the potential lengthy trial duration.
Final Decision: The court allowed the application for bail, directing the applicant to be released on bail with specific conditions, and stated that the order shall remain effective till the end of the trial.
JUDGMENT
Rajendra Kumar (Verma), J. - This is the first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.197/2022, registered at Police Station - Balwada, District Khargone (M.P.) for offences punishable under Sections 304/34 of IPC. The applicant is in custody since 12/09/2022.
2. A s per prosecution story, on 28/02/2022 at about 05:00 PM applicant along with Ajay, Shivram and Manoj were fishing in Choral river. On some issue of fishing, an altercation took place between present applicant, Manoj and deceased Shivram. Manoj assaulted the shivram by wooden stick, due to which he fell down in the river and died. Accordingly, offence has been registered. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over and charge sheet has been filed. Present applicant has not caused any injury to the deceased and the main allegation is against the co-accused Manoj. Applicant is the sole bread earner of his family. He is in custody since 12/09/2022 and conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail.
3. On the other hand, learned counsel for the non-applicant/State opposed the prayer and prays for its rejection.
4. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
5. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
6. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
7. The M.Cr.C. stands allowed and disposed of.
Certified Copy, as per rules.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The court's decision to grant bail was influenced by the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the in....
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
Grant of bail based on lack of legal evidence, absence of criminal antecedents, and the prolonged trial process.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established is that bail can be granted based on the lack of legal evidence and without commenting on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
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