DEBU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is third application moved under Sec. 439 of the Cr.P.C. for grant of bail by the applicant who is in judicial custody since 28/5/2021 in connection with Crime No.377/2021 registered at Police Station - Bahodapur District Gwalior for the offence punishable under Ss. 302, 460, 380, 397, 34 of IPC and Sec. 11/13 of MPDPVK Act. His earlier two applications were dismissed as withdrawn. Liberty was granted to file afresh after material witnesses have been recorded before the trial Court. Statement of wife of the deceased, who was the most material witness in this case has already been recorded before the trial Court. The case of the prosecution is that applicant alongwith two other co-accused persons having committed the murder of deceased and stole property from his house. The evidence relating to needle of suspicion falling on the applicant's herein is the informer tip received by the police which discloses that the three persons are seen in a CCTV recording of proceeding towards the railway line from the direction in which the house of the deceased lay. The deceased was murdered in his own house. Certain properties were stolen which included a Videocon LED T.V. which is stated to have been recovered from the applicant herein. There are no eye-witness in this case.

(2.) The statement of wife of deceased has already been recorded. As the case is purely based on circumstantial evidence and the applicant is in judicial custody since 28/5/2021, the application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court. C.C. as per rules.