Madhya Pradesh High Court
Kamal Singh vs The State Of Madhya Pradesh on 11 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 MCRC-50537-2021
The High Court Of Madhya Pradesh
MCRC No. 50537 of 2021
(KAMAL SINGH Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 11-01-2022 Heard through Video Conferencing.
Shri R.B.Sahu, learned counsel for applicant Kamal Singh S/o.Udai Singh Bhopa.
Shri Vijay Kumar Shukla, learned Panel Lawyer for non- applicant/State.
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 19.1.2021 in connection with Cri me No.85/2016 registered at Police Station Sousar, District Chhindwara for the offence punishable under Sections 302, 201, 376(2)(n), 366A of the Indian Penal Code, 1860 (for brevity "I.P.C") and Section 4/6 of Protection of Children From Sexual Offences Act, 2012 (for brevity "POCSO Act") Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. The allegation against the present applicant is that in the year 2016, he was seen in the presence of minor prosecutrix and he had kept her as his wife and forced her to surrender to his wishes and committed rape and thereafter killed her by strangulating her and with a view to cause disappearance of evidence burnt her dead body. It is also submitted that the witness of last seen has not supported the prosecution case. As per D.N.A.report obtained from the State Forensic Science Laboratory, Sagar on 19.3.2021, there is a specific mention of the fact that Exhibit D/1 ie.viscera of deceased does not match with Signature Not Verified SAN Exhibit-H blood sample of Urmila and Exhibit-I blood sample of Digitally signed by AMIT JAIN Date: 2022.01.12 19:03:05 IST 2 MCRC-50537-2021 Susa, who claimed that their daughter was raped & murdered by the present applicant. He further submits that in the D.N.A report, it is clearly mentioned that the deceased was not a biological offspring of Urmila & Susa. It has come on record that present applicant Kamal Singh is not a biological father of fetus Exhibit-E and placing reliance on such D.N.A.report, it is submitted that investigation has been botched up and it is more interested in seeking his conviction rather than finding the truth and all these facts have not been considered by the learned Additional Sessions Judge Sousar, District Chhindwara while considering his bail application vide order dated 14.9.2021. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering other facts & circumstances of the case and in view the D.N.A report when death of daughter of Urmila & Susa in regard to which allegations have been made against the applicant is not ascertained then prima facie this is a good case to grant bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Kamal Singh S/o.Udai Singh Bhopa shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply Signature Not Verified SAN with the provisions of Section 437(3) of the Cr. P. C. Digitally signed by AMIT JAIN Date: 2022.01.12 19:03:05 IST 3 MCRC-50537-2021 This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.01.12 19:03:05 IST