Full Judgment
1.8.2012 Shri B.J.Chourasia, Advocate for the applicant.
Shri Chandrakant Mishra, GA for the State.
This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.
The applicant is in custody since 4.4.2012 in connection with Crime No.164/2012 registered at P.S.Damoh Dehat, District Damoh for the offence punishable under sections 302, 120-B, 201/34 of the IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case.
There is no direct evidence against the applicant.
The entire case is based on the circumstantial evidence.
Chain of circumstantial evidence is broken.
As per prosecution, deceased Pankaj was with the applicant till 8 O'clock and next day he was found dead.
Nothing has been seized from the possession of the applicant.
Other incriminating evidence has been seized from the possession of co-accused Halle Bhai.
The charge sheet has been filed.
The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the 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 PB