ANIL PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bahodapur, District Gwalior in connection with Crime No. 276/2012 registered in relation to the offences punishable u/Ss. 302 and 201/ 34 of IPC. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

(2.) Considering the facts that the applicant is in custody since 20.06.2012; the challan has since been filed after conclusion of investigation and the prosecution implicates the applicant on the basis of conversation by way of a Cell phone between co -accused Dinesh and deceased Deepak and on a prima -facie basis there seems to be no other evidence linking the applicant with the alleged offence and that the early conclusion of the trial is a bleak possibility and pre -trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant, this Court is inclined to extend the benefit of bail to the applicant.

(3.) ACCORDINGLY , 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. 75,000/ - (Rs. Seventy Five Thousand only) with two solvent sureties each in the like amount to the satisfaction of the concerned trial Court.