Pintu @ Pushpendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 1367 MP

          THE HIGH COURT OF MADHYA PRADESH 1
                      MCRC No. 18839/2021
            Pintu alias Pushpendra vs. State of MP

Gwalior, Dated : 07/04/2021

      Shri Yash Sharma, Counsel for the applicant (through Video

Conferencing)

      Shri Rohit Shrivastava, Panel Lawyer for the respondent/ State.

Case diary is not available.

It is submitted by the Counsel for the applicant that the police has

filed the charge sheet and he has filed the copy of the charge sheet and,

therefore, the present application may be considered in the light of the

charge sheet.

This is second application filed under Section 439 of Cr.P.C. for

grant of bail. First application was dismissed by order dated 04/01/2021

passed in MCRC No.53105/2020 with liberty to revive the prayer after

the examination of Chhotu Ahirwar.

The applicant has been arrested on 20/08/2020 in connection with

Crime No.442/2020, registered by Police Station Kotwali, District Ashok

Nagar, for offence punishable under Sections 302, 201 & 34 of IPC.

It is submitted by the counsel for the applicant that Chhotu

Ahirwar has been examined and he has not supported the prosecution

case. There is no substantive evidence against the applicant and the trial

is likely to take sufficiently long time. So far as the recovery of one Kada

is concerned, the same was not put for Test Identification Parade. This

Court, by order dated 10/12/2020 passed in MCRC No.50017/2020, has

granted bail to co-accused Neeraj alias Neetu.

THE HIGH COURT OF MADHYA PRADESH 2 MCRC No. 18839/2021 Pintu alias Pushpendra vs. State of MP

Per contra, the application is opposed by the Counsel for the State.

It is submitted that not only Kada was seized from the possession of the

applicant but as per the statement of Chhotu Ahirwar, the applicant had

made an extra-judicial confession that he had killed the deceased

Radheyshyam and his dead body was thrown in a well. However, he

fairly conceded that Chhotu Ahirwar has turned hostile.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. 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 lac only) with one surety

in the like amount to the satisfaction of the Trial Court/Committal Court

to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in

Criminal Appeal No.329/2021, the intimation regarding grant of bail be

sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK 2021.04.08 10:29:36 +05'30'