IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 37349 of 2023 BETWEEN:-

VIJAY GOYAT S/O SHIR SATYAVEER GOYAT, AGED ABOUT 37 YEARS, OCCUPATION: FARMER R/O H 578 BADA PANA P.S. BAWANIKHERA DISTT. BHIWANI HARYANA PRESENT ADD HARYANA FARM HOUSE DHARTI KACHHAR CHARGAWAN DISTT. JABALPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI NITIN DUBEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH P.S. CHARGAWANA DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI C.P. SINGH - GOVERNMENT ADVOCATE)

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

ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 05.03.2023 relating to FIR No.92/2023 registered at Police Station Chargawan District Jabalpur (M.P.) for the offences under Sections 147, 148, 365, 342, 323, 302, 201, 120-B of IPC.

2. Learned counsel appearing for the applicant submitted that applicant is resident of Haryana doing agriculture hare, therefore, local person have ill will against him. He was not present on the spot and has falsely been implicated in Signature Not Verified the case. Deceased was found on 05.03.2023 after ten days of the incident. No allegation was made against applicant in missing person report. In these circumstances, applicant may be granted bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that on 01.03.2023 missing person report was lodged in respect of Kallu S/o Santosh Barman. Kallu was mentally ill. He is said to have damaged the glass of four wheeler of Virendra Goyat On 26.02.2023, Vijay Kumar, Sumit, Krishna Kumar, Golu Rai and Alok Sharma is said to have tied Kallu Barman and Alok is said to have assaulted him with a Lathi and has forcibly taken him to Haryana farm house and Satyaveer Singh Goil is said to have assaulted with a Lathi. In view of the same, applicant is involved in the offence, therefore, application be dismissed.

4. Heard the counsel for the parties.

5. Police has seized mobile phone, torch and bamboo sticks from applicant and other accused persons. One Car I20 bearing registration No.HR 16 U 3070 has also been seized. As per prosecution story, dead body of deceased was transported in said car and thrown in river Narmda. Incident is said to have occurred on 26.02.2023. His dead body was found on 05.03.2023 in village Jhurrai Pipariya Narmada River. Witnesses have stated that deceased was taken to Haryana farm house by applicant and thereafter, he was not traceable. There is no eye witness of the incident. Lathi is said to have been seized from applicant, which is marked as Article 'N'. As per FSL examination, no blood stains were found on Lathi. Blood was found on the spot, which is marked as Article 'G' and also on underwear of deceased of Kallu Barman which is Article 'H'. Blood group of 'G' could not be ascertained. It is stated Signature Not Verified that human blood was found on Article 'G', which is rope. 'Q1' and 'Q2' were articles (cloths) which were seized inside the Car belonging to applicant Vijay Goet. On Q1 and Q2 human blood was not found but human blood was found on vehicle i.e. Car bearing registration No. HR 16 U 3070. Blood group Q1 cannot be ascertained as same was disintegrated. Co-accused in the case namely Satyaveer Goyat has already been enlarged on bail.

6. Considering totality of the facts and circumstances of the case, bail application filed by applicant is allowed

7. It is directed that applicant be released on bail on aforesaid condition on his furnishing personal bond of Rs.50,000/-(Rs. fifty thousand only) with two local solvent sureties in the like amount to the satisfaction of the trial court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.