High Court Of ChhattisgarhMCRC/5884/2020allowed

Madho Ram v. State Of Chhattisgarh

2020-10-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5884 of 2020 Madho Ram, S/o Kanwal Sai, aged about 45 years (wrongly mentioned in the bail order as 72 years) R/o Pushputra, Police Station Lakhanpur, District Sarguja, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through - the Station House Officer, Police Station - Lakhanpur, District - Sarguja, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Amit Soni, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/10/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.40/2020 registered in Police Station Lakhanpur, District Sarguja for offence under Section 302 and 364 of the IPC.

2. The applicant has allegedly committed murder of his grand son (an infant baby, aged about 15 days).

3. As per the diary statement of the applicant's son Pradeep Nagesia, who is none other than the father of the deceased infant baby, the applicant had a doubt that his daughter-in-law has given birth to the deceaseed

baby boy after begetting pregnancy from some other person who does not belong to his family. Thus, the applicant had a grudge that the infant baby is not of his son Pradeep Nagesia.

4. FIR was lodged against unknown person. In the FIR, Pradeep Nagesia had informed the police that on the fateful night, the applicant was sleeping in some other house. Except for the memorandum statement of the applicant, there is no other evidence directly connecting him with the crime. Therefore, considering that the applicant is in jail since 28.3.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve