Madhya Pradesh High Court
Rajendra Singh vs The State Of Madhya Pradesh on 9 May, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 9th OF MAY, 2022
MISC. CRIMINAL CASE No. 22008 of 2022
Between:-
RAJENDRA SINGH S/O VIJAY BAHADUR SINGH
GURJAR , AGED ABOUT 70 YEARS, GRAM
AANSULI JILA DATIA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI S.N.DUBEY- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION PS THARET (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 16.4.2022 by police Station, Tharet Distt. Datia, in connection with crime No.60/2022 for the offence punishable under Sections 306, 34 of IPC.
In brief, prosecution story is that on 6.8.2021 from District Hospital, Datia Medical Officer Dr. A.K. Gaurav informed SHO Datia that one Om Prakash Upadhyay, aged 64 years, R/o village Iguai in unconscious stage was admitted in Hospital. During treatment he died. On this information, Merg was recorded at Police Station Datia. Dead Body Panchanma was prepared and dead body 2 was sent for postmortem. As per postmortem report, the cause of death will be given after chemical analysis of preserved viscera. Postmortem witnesses opined that he died due to consumption of Sulphas. On the basis of Merg intimation, Merg was registered as 008 at Police Station Tharet, District Datia. During Merg enquiry, on 8.8.2021 from the son of deceased Om Prakash one suicide note was seized. In the suicide note, the deceased had written that he mortgaged his land for money. Afterwards he could not get possession of land. Accused Naval Lodhi did not had over the possession of the land, despite he has deposited Rs.50,000/-. It is further mentioned in the suicide note that he is disturbed from all the angles, nothing has to say with anybody. He made hope with Master Puneet, Ch. Ashu and Ch. Ansh that one day they must ignite this extinguished lamp. He saluted those who condemned. Lastly he mentioned that in fact, nobody supports in the adversity.
On the basis of this suicide note after about eight months, Police Station Tharet registered offence under Section 306, 34 of IPC bearing Crime No.60/2022 against present applicant and accused Chhotelal Sharma and Naval Rajput. Applicant-accused was arrested on 16.4.2022. After investigation, charge sheet has been filed.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 16.4.2022. Co-accused Chhotelal Sharma has been granted bail by this Court vide order dated 29.4.2022 passed in M.Cr.C.No.21249/2022. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the Advocates are heard. Case diary perused.
Looking to the facts and circumstances of the case, but without 3 commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE ms/-
MADHU SOODAN PRASAD 2022.05.10 09:40:53 +05'00'