Madhya Pradesh High Court
Monoj vs The State Of Madhya Pradesh on 13 June, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 13 th OF JUNE, 2022
MISC. CRIMINAL CASE No. 25477 of 2022
Between:-
MANOJ S/O GOPALDAS, AGED ABOUT 20
Y E A R S , OCCUPATION: STUDY GRAM
DAIYYAT KHATEGAON, DEWAS (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SUNIL GUPTA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE
STATION NEMAWAR DEWAS (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI CHETAN JAIN, G.A. FOR STATE)
This application coming on for orders this day, Hon'ble Shri Justice
Satyendra Kumar Singh passed the following:
ORDER
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 31.05.2021 in connection with Crime No.124/2021 registered at Police Station Nemawar, District Dewas (M.P.) for commission of offence punishable under Sections 302 and 34 of IPC.
Prosecution story, in brief is that applicant's mother Laxmibai was having illicit relationship with deceased Umesh, due to which, in the intervening night of 5- Signature Not Verified SAN 6.05.2021, applicant alongwith his father co-accused Gopaldas assaulted Umesh with Digitally signed by GEETA PRAMOD Date: 2022.06.14 18:21:39 IST deadly weapon wooden stick and caused grievous injuries on his vital part, due to which 2 he died on the spot.
Learned counsel for the applicant submits that prosecution case is based on the statement of Laxmibai and Raju. Laxmibai is said to be an eye-witness of the incident while Raju is the witness of last seen. Statements of both the above witnesses were recorded after about 25 days of the incident without any reasonable cause, while as per prosecution case itself, Raju was present at the place of occurrence and throughout investigation. Statements of both the above witness were recorded during trial. Laxmibai has not supported the prosecution case. Co-accused Gopaldas has been enlarged on bail vide order dated 11.05.2022 passed by this Court in MCRC No.15607/2022. Applicant's case is similar to that of co-accused Gopaldas. Applicant is in custody since 31.05.2021. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.
Learned Public Prosecutor for the non-applicant - State has opposed the application and submits that Laxmibai in her statement recorded under Section 164 of Cr.P.C. has specifically deposed against the applicant. Offences alleged against the applicant are serious in nature and therefore, he is not entitled for grant of bail.
As per prosecution case itself, this case is based on the evidence of Laxmibai as well as Raju and statement of both the witnesses were recorded after about 25 days of the incident. Their statements during trial have also been recorded. Applicant's case is similar to that of co-accused Gopaldas and therefore, this Court is of the view that applicant deserves to be enlarged on bail on the ground of parity, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for Signature Not Verified his appearance before the Trial Court on all such dates as may be fixed in this behalf by SAN the Trial Court during the pendency of trial. It is further directed that applicant shall Digitally signed by GEETA PRAMOD Date: 2022.06.14 18:21:39 IST comply with the provisions of Section 437 (3) of Cr. P. C. 3 In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This application is allowed and stands disposed of.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH) JUDGE gp Signature Not Verified SAN Digitally signed by GEETA PRAMOD Date: 2022.06.14 18:21:39 IST