Madhya Pradesh High Court
Alam Ansari vs The State Of Madhya Pradesh on 10 May, 2021
Author: Nandita Dubey
Bench: Nandita Dubey
1 MCRC-12883-2021
The High Court Of Madhya Pradesh
MCRC-12883-2021
(ALAM ANSARI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-05-2021
Heard through Video Conferencing.
Shri Mrigendra Singh, learned Senior Advocate with Mr. Arpan Pawar,
learned counsel for the applicant.
Ms. Shraddha Tiwari, learned Panel Lawyer for the respondent/State.
Mr. N.K. Shah, learned counsel for the Objector.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant has been arrested by Police Station Baithan, District Singrauli in connection with Crime No.553/2020 registered in relation to the offences punishable under Section 363, 376, 376(2)(n), 302, 201, 109, 212 of IPC and Section 4/6 of POCSO Act. He is in custody since 16.07.2020.
Allegations against the present applicant is that he kidnapped, raped and murdered the prosecutrix, who was minor at the time of incident and threw the dead body in the forest so as to destroy the evidence.
As per prosecution, father of the deceased lodged a missing person report on 22.06.2020 regarding missing of his daughter. Thereafter, on 12.07.2020, a skeleton/remains and some clothes were found in the forest by Jeevan Singh and 2 other persons.The clothes/remains were identified by father as that of his minor daughter. On the basis of 161 statement of father and Jeevan Singh, the present applicant was arrested for the alleged offence.
The contention of learned Senior Counsel is that the applicant has been falsely implicated, there is no evidence that the said crime was committed by him. It is stated that this is a case of honor killing as while filing missing report, no allegation and suspicion was made against the present applicant even though the father and uncle of the deceased were aware of the affair between the present applicant and deceased and also the fact that applicant has given a mobile phone to her. Referring to paragraph-5 of the deposition 2 MCRC-12883-2021 of the father of the deceased, it is pointed out that initially the deceased has gone with the applicant on 18.06.2020, but returned on the same same day after 3-4 hours. It is stated that missing person report was lodged on 22.06.2020 after the deceased had returned on 18.06.2020 and till 12.07.2020 no allegation or suspicion was raised against the applicant. He further submitted that the mother of the deceased has not identified him. Learned Senior Counsel has further referred to the deposition of witness Jeevan Singh (PW-1), wherein paragraph-9 he has stated that maternal uncle of the deceased prosecutrix has told him that the applicant has eloped with the prosecutrix, but came back later on. In paragraph-16 he has admitted that he never seen the present applicant and the deceased together.
Learned counsel for the Objector has vehemently opposed the prayer for grant of bail. It is stated that the applicant was having affair with the deceased and has taken her with him and thereafter, murdered her and threw her body in the forest.
Learned Panel Lawyer for the respondent/State has also vehemently opposed the prayer for grant of bail. It is submitted that there are call details which shows that between 05.05.2020 to 18.06.2020, 116 calls were made between the present applicant and the deceased.
Having heard learned counsel for the parties and on perusal of the documents on record as well as the case diary statement, it appears that the applicant has been implicated on the basis of circumstantial evidence. There is no direct evidence against him. As per the deposition of father of the deceased, deceased came back on 18.06.2020 itself, after being missing for 3-4 hours. The last call detail between applicant and deceased is of 18.06.2020. It seems that the father while lodging the missing person report on 22.06.2020 was aware that applicant is not involved in the missing of his daughter that is why he has not shown any suspicion nor made any allegation against the present applicant. It is only after the remains of the deceased girl were found and identified, the present applicant has been implicated.
3 MCRC-12883-2021 Considering the aforesaid, this application is allowed. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by himself,
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below 4 MCRC-12883-2021 also.
Certified copy/e-copy as per rules/directions.
(NANDITA DUBEY) V. JUDGE RC Signature Not Verified SAN Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.05.10 17:20:35 IST