Ramesh Kumar @ Babua Vs. the State of Madhya Pradesh

Ramesh Kumar @ Babua vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 21, 2013

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https://sooperkanoon.com/case/1038828

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Citation: sooperkanoon.com/1038828
Court: Madhya Pradesh High Court
Decided On: Feb 21, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ramesh Kumar @ Babua

Respondent

The State of Madhya Pradesh

Excerpt

.....(mamiya sasur) of deceased santoshi bai who said to have been murdered by applicant and other co-accused persons. it is further submitted that applicant is resident of madiyaras and incident said to have been took place at kukarmat which is 30 kms away from the resident of deceased. the incident said to have been took place on morning at 7 am. however, the name of this applicant is find place in dying declaration but he was not living with in-laws of deceased. his resident is 30 kms away therefore, he may be falsely implicated in this matter. charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. learned counsel for the state opposes the application. considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, i am of the considered view that it is a fit case to release him on bail. therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant ramesh kumar @ babua shall be released on bail on his furnishing a personal bond in a sum of rs.40,000/- (rs.forty thousand only) with one surety in the like amount to the satisfaction of committal court/trial court, for securing his presence before the said court on all the dates of hearing fixed in this regard during trial. certified copy as per rules. (g.s.solanki) judge navin

Full Judgment

M.Cr.C.No.11863/2012 21/02/2013 Shri Sanjay Patel, Advocate for the applicant.

Shri A.K.Singh, GA for the respondent/State.

Heard finally.

This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail.

Applicant has been arrested on 8/11/11 in connection with Crime No.313/12 registered at P.S.Dindori, District Dindori for the offence punishable under section 307, 498-A/34, 304-B, 302 of IPC and section 3/ 4 of the Dowry Prohibition Act.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case.

He is maternal uncle-in-law (mamiya sasur) of deceased Santoshi Bai who said to have been murdered by applicant and other co-accused persons.

It is further submitted that applicant is resident of Madiyaras and incident said to have been took place at Kukarmat which is 30 kms away from the resident of deceased.

The incident said to have been took place on morning at 7 AM.

However, the name of this applicant is find place in dying declaration but he was not living with in-laws of deceased.

His resident is 30 kms away therefore, he may be falsely implicated in this matter.

Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.

Learned counsel for the State opposes the application.

Considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, I am of the considered view that it is a fit case to release him on bail.

Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Ramesh Kumar @ Babua shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rs.Forty Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(G.S.SOLANKI) Judge navin

Same Court & Year Madhya Pradesh · 2013 Same Parties Ramesh Kumar @ Babua vs The State of Madhya Pradesh Same Subject Education