IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 4 OF JULY, 2023 MISC. CRIMINAL CASE No. 27833 of 2023 BETWEEN:-

RAVI S/O GUNDHARI JATAV, AGED ABOUT 22 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE DUBHA CHAK POLICE STATION KARHAIYA, DISTRICT GWALIOR (MADHYA PRADESH)

.....APPLICANT (BY SHRI ABHISHEK TIWARI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KARHAIYA, DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

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

ORDER

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail relating to Crime No.146 of 2022 registered at Police Station Karhiya District Gwalior (M.P.) for the offence under Section 302 and 34 IPC.

Allegation against the present applicant is that he along with other co-

accused persons committed murder of Gabbar and Ashok by inflicting injuries and thereafter throwing them into the canal.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Entire prosecution story is highly suspicious.

Signature Not Verified Applicant has been arrayed as an accused only on the basis of the statement of Karan S/o Ramswaroop who is brother-in-law of deceased-Ashok Jatav. According to this witness, he saw the present applicant assaulting and throwing the deceased into the canal on 30.09.2022. However his statement under Section 161 of Cr.P.C. was recorded on 04.10.2022. It is further argued that the same witness i.e. Karan is also witness of lash panchnama dated 02.10.2022 and according to lash panchnama, the Panch agreed that the cause of death of deceased persons was drowning. It is further argued that if this witness had seen the incident, he would have gotten his statement recorded at the time of preparation of lash panchnama. However, neither he has told the police about the incident untill 04.10.2022, nor he gave any statement to this effect at the time o f preparation of lash panchnama. The case is not supported by medical evidence because as per postmortam report no injuries have been found on the body of the deceased. It is further argued that even at the time of investigation it was found that the deceased persons were consuming liquor and sitting on boundary wall of the canal. In view of the postmortem report as well as lash panchnama, the death is proved to be an accidental death. It is further argued that the applicant is in custody since 04/10/2022. Charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant. It is further argued that Rajendra Jatav has already been granted bail by this Court vide order dated 15.06.2023 passed in M.Cr.C.No.14597 of 2023 and co-accused Balram has also been granted the benefit of bail on parity basis vide order dated 20.6.2023 passed in M.Cr.C. No.21615/2023 and case of the present applicant is also similar to aforesaid co-accused persons. The applicant is permanent resident of District Gwalior and there is no possibility of his absconding or tempering with the prosecution case. On these grounds Signature Not Verified especially on parity basis, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and, prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant: