Madhya Pradesh High Court
Surja @ Jamna vs The State Of Madhya Pradesh on 6 April, 2022
Author: Anil Verma
Bench: Anil Verma
1
MISC. CRIMINAL CASE No. 11184 of 2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 6th OF APRIL, 2022
MISC. CRIMINAL CASE No. 11184 of 2022
Between:-
SURJA @ JAMNA D/O MANGILAL , AGED ABOUT 20 YEARS,
OCCUPATION: NONE GRAM UGAMNA PURA SARAYA TEHSIL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SIDHARTH JAIN, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION NALCHHA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAJESH JOSHI, P.L. )
This application coming on this day, the court passed the
following:
ORDER
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 315/2021 registered at P.S - .Nalchha, District- Dhar (M.P.) for commission of offence punishable under Sections 363, 366-A, 304-A, 201 of IPC and sections 7/ 8, 18 of POCSO Act.
2MISC. CRIMINAL CASE No. 11184 of 2022 As per prosecution story, on 20/09/2021, complainant Ramkaran lodged a report at police station - Nalchha to the effect that her minor sister / prosecutrix was missing. She went to her friend Surjabai at Ganesh Pandal, but she did not come back. During investigation, it was found that co-accused Sanjay and Ajay were going to meet the prosecutrix and Surjabai. Co-accused Suresh had installed electric wire at the boundary of his field to safeguard the crops from animals. Current was flowing in the electric wire. Due to electric shock, the prosecutrix died. Present applicant alongwith other co-accused threw the dead body of the prosecutrix into river. Accordingly, aforementioned offences were registered and they were arrested.
Learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this offence. The applicant is 20 years old girl, she has no criminal background. She is in custody since 24.9.2021. She is a permanent resident of District- Dhar. Final conclusion of trial shall take sufficient long time. Co-accused Suresh has been enlarged on bail by this Court by order dated 3.1.2022 passed in M.Cr.C. No. 64640/2021 and therefore, applicant is also entitled for grant of bail on the ground of parity.
Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection.
3MISC. CRIMINAL CASE No. 11184 of 2022 Perused the impugned order of the trial Court as well as the case dairy.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that present applicant has been made accused in this case under section 304-A and 201 of IPC; the alleged offences are triable by JMFC; she is in custody since 24.92021; she has no criminal past, co-accused has been enlarged on bail by this Court, and possibility of delay in conclusion of the trial cannot be ruled out, I deem it proper to release the accused / applicant on bail on the ground of parity.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on her furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, as and when required. She shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.
(ANIL VERMA) JUDGE BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.04.07 10:10:13 +05'30'